IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO:

BETWEEN

Apin Public Health Initiatives

Ltd/Gte…….Applicant
AND

1. United Bank for Africa (UBA) PLC ………………….(1st

Respondent)
2. Cumbamed Associates Ltd…………..(2nd Respondent)

LET UBA Bank Ltd and Cumbamed Associates Ltd WITHIN

THIRTY (30) DAYS AFTER THE SERVICE OF THIS Originating
Summons on it, inclusive of the day of such service, cause an
appearance to be entered for it to this Originating Summons which
is issued upon the application of Apin Public Health Initaitives
Ltd/Gte for the determination of the following questions:

1. WHETHER a court has the authority to direct the reversal and

debit of funds from a third party's bank account to remedy a
wrongful money transfer, where the applicant has no
contractual relationship with the third party, in accordance
with the powers of this Court under the provisions of Section
257, Section 6(6)(b) of the CONSTITUTION OF THE
FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED)
and under the principles of natural justice?

2. WHETHER a court can lawfully authorize and direct the

imposition of a debit restriction on a third party's bank account
and mandate the continuous application of cash inflows from
the said third party account to the applicant’s account, in the
absence of a legal basis of the third party in claiming
entitlement to such funds, particularly under the provisions
of Section 257, Section 6(6)(b) of the CONSTITUTION OF
THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS
AMENDED) and under the principles of natural justice?

Whereof, if the foregoing questions are answered in the

positive, the Applicant seeks the following reliefs:
Page 1 of 10
 1. An Order of this Honourable Court authorizing and/or directing
the 1st Respondent to reverse and debit the sum of
N21,685,171.20 (Twenty One Million Six Hundred and
Eighty Five Thousand One Hundred and Seventy One
Naira, Twenty Kobo Only) from the UBA Bank Account
No. 1023045452 belonging to the 2nd Respondent namely
Cumbamed Associates and to credit the said sum to the
Applicant’s Apin Public Health Initiatives-GH2234
Account No. 2042162098 domiciled with FirstBank being the
total of the Applicant’s monies transferred wrongfully and
without any legal/contractual basis into the said UBA Bank
Account on the 5th day of October, 2024

2. An Order of this Honourable Court authorizing and/or directing

the 1st Respondent to place the 2nd Respondent’s Account
No. 1023045452 belonging to the 2nd Respondent namely
Cumbamed Associates on debit restriction to wit Post No
Debit, and to continuously use all the cash inflows therein to
credit the FirstBank Account No. 2042162098 domiciled with
the FirstBank until the final reversal of the said sum of
N21,685,171.20 (Twenty One Million Six Hundred and
Eighty Five Thousand One Hundred and Seventy One
Naira, Twenty Kobo Only) being the total of the
Applicant’s monies transferred wrongfully and without any
legal/contractual basis into the said UBA Bank Account No.
1023045452 belonging to the 2nd Respondent

3. AND SUCH FURTHER ORDER AS THIS COURT MAY DEEM

FIT TO MAKE IN THIS CIRCUMSTANCES OF THIS SUIT

This summons was taken out by Ifeoluwa Olatilewa Adigun, Esq.

of Adigun & Ayodeji (LP) for the above-named Applicant.
The Respondents may appear hereunto by entering appearance
personally or by a legal practitioner either by filing the appropriate
processes in response at the Registry of the FCT High Court, Abuja
or by sending them to that office by post.
_________________________
REGISTRAR

Note:
If the Defendant does not respond within the time and at the place

Page 2 of 10
 above mentioned, such orders will be made and proceedings may be
taken as the judge may think just and expedient
Dated this 4th day of February, 2025

_____________________
____
Margaret Belawu,
Esq
Ifeoluwa Olatilewa Adigun, Esq
Ayodeji Timothy, Esq
COUNSEL FOR THE APPLICANT
Adigun & Ayodeji (LP)
Suite 112, Jinifa Plaza, CBD
09066972257,
08171720498
[email protected]
FOR SERVICE ON:
1ST RESPONDENT
UBA Bank Ltd
Abuja

The 2nd Respondent

Cumbamed Associates Ltd
4B ASWAN STREET WUSE 3,
ABUJA, FCT

Page 3 of 10
 IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT NO:

BETWEEN

Apin Public Health Initiatives

Ltd/Gte…….Applicant
AND

1. United Bank for Africa (UBA) PLC ………………….(1st

Respondent)
2. Cumbamed Associates Ltd…………..(2nd Respondent)

Affidavit in Support of Originating Summons

I, Joshua Apake, Male, Christian, adult, Nigerian of Plot 990, CBD,
Abuja do hereby make oath and state as follows:
1. I am the Applicant in this suit, and by virtue of my position, I
am conversant with the facts deposed herein.

2. I work in the Finance Office of the 2nd Respondent by virtue of

which I am conversant with the facts of this Suit

3. That on the 5th day of October 2024, the sum of

N21,685,171.20 was mistakenly transferred without any legal
or contractual basis from the Applicant's account number
2042162098 with FirstBank into the UBA Bank Account
No. 1023045452 belonging to Cumbamed Associates, the
2nd Respondent. The transfer receipt and letter written
to Firstis attached as Exhibit 1

4. The 2nd Respondent have not returned the funds, thereby

necessitating legal action for the recovery of the Applicant's
money.

5. The Applicant hereby certify that Exhibit 1 (document) was

downloaded from a computer and printer that were under the
Applicant’s control.

Page 4 of 10
6. The Applicant further certify that the said document were
downloaded by printing out from a Computer which is more
specifically described below.

7. Particulars of the Computer and the Printer used in the

production/downloading of the above document are as follows:

a. HP (Intel Pentium) Computer, 2017 Model

b. HP 20050A Computer Printer, 2017 Model.

8. The above document was downloaded/produced by the above

stated devices as follows:
a. During a period over which the computer was used
regularly to store and process information.
b. That over that period, there was regularly
supplied/downloaded to the computer, in the ordinary
course of activities, information of the kind contained in
the statement.
c. Throughout the material part of the period, the computer
and printer were operating properly.
d. The information contained in the document reproduced,
is derived from information supplied/downloaded to the
computer in the ordinary course of its activities.

9. The Applicant compared the said documents on the Applicant’s

system and the document downloaded and confirmed them to
be same.

10. In light of the foregoing, the Applicant humbly seek the

following reliefs from this honorable court:

a. An Order of this Honourable Court authorizing and/or

directing the 1st Respondent to reverse and debit the sum
of N21,685,171.20 (Twenty One Million Six Hundred
and Eighty Five Thousand One Hundred and Seventy
One Naira, Twenty Kobo Only) from the UBA Bank
Account No. 1023045452 belonging to the 2nd
Respondent namely Cumbamed Associates and to credit
the said sum to the Applicant’s Apin Public Health
Initiatives-GH2234 Account No. 2042162098 domiciled
with FirstBank being the total of the Applicant’s monies
transferred wrongfully and without any legal/contractual
basis into the said UBA Bank Account on the 5th day of
October, 2024

Page 5 of 10
 b. An Order of this Honourable Court authorizing and/or
directing the 1st Respondent to place the 2nd
Respondent’s Account No. 1023045452 belonging to the
2nd Respondent namely Cumbamed Associates on debit
restriction to wit Post No Debit, and to continuously use all
the cash inflows therein to credit the FirstBank Account
No. 2042162098 domiciled with the FirstBank until the
final reversal of the said sum of N21,685,171.20 (Twenty
One Million Six Hundred and Eighty Five Thousand
One Hundred and Seventy One Naira, Twenty Kobo
Only) being the total of the Applicant’s monies transferred
wrongfully and without any legal/contractual basis into the
said UBA Bank Account No. 1023045452 belonging to
the 2nd Respondent
AND SUCH FURTHER ORDER AS THIS COURT MAY
DEEM FIT TO MAKE IN THIS CIRCUMSTANCES OF THIS
SUIT

11. It is in the interest of justice to grant this Originating

Summons.

12. I depose to this Affidavit in support of Originating

Summons in good faith believing the contents thereof to be
true and in accordance with the Oaths Act.

__________________
DEPONENT
Sworn to at the FCT High Court Registry,
ABUJA, this day of 2025
BEFORE ME

COMMISSIONER FOR OATHS

Page 6 of 10
 IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT NO:

BETWEEN

Apin Public Health Initiatives

Ltd/Gte…….Applicant
AND

1. United Bank for Africa (UBA) PLC ………………….(1st

Respondent)
2. Cumbamed Associates Ltd…………..(2nd Respondent)

WRITTEN ADDRESS IN SUPPORT OF ORIGINATING SUMMONS

1.0. Introduction:

1.1. My Lord, this written address is filed in support of the

Applicant’s Originating Summons seeking reliefs from
this Honorable Court, arising from a wrong transfer

1.2. The Applicant seeks an order from this Honorable Court

directing the 1st Respondent to reverse the funds
transferred and credit the Applicant’s account, as well
as impose a Post No Debit restriction on the 2nd
Respondent's account to prevent further financial
prejudice.

2.0. Issues For Determination

2.1. The Applicant humbly submits the following issues for

determination:
a. WHETHER a court has the authority to direct the
reversal and debit of funds from a third party's bank
account to remedy a wrongful money transfer, where the
applicant has no contractual relationship with the third
party, in accordance with the powers of this Court under
the provisions of Section 257, Section 6(6)(b) of the
CONSTITUTION OF THE FEDERAL REPUBLIC OF
NIGERIA, 1999 (AS AMENDED) and under the
principles of natural justice?
Page 7 of 10
 b. WHETHER a court can lawfully authorize and direct the
imposition of a debit restriction on a third party's bank
account and mandate the continuous application of cash
inflows from the said third party account to the
applicant’s account, in the absence of a legal basis of the
third party in claiming entitlement to such funds,
particularly under the provisions of Section 257,
Section 6(6)(b) of the CONSTITUTION OF THE
FEDERAL REPUBLIC OF NIGERIA, 1999 (AS
AMENDED) and under the principles of natural
justice?

3.0. Arguments On the Issues

WHETHER a court has the authority to direct the
reversal and debit of funds from a third party's bank
account to remedy a wrongful money transfer, where
the applicant has no contractual relationship with the
third party, in accordance with the powers of this Court
under the provisions of Section 257, Section 6(6)(b) of
the CONSTITUTION OF THE FEDERAL REPUBLIC OF
NIGERIA, 1999 (AS AMENDED) and under the principles
of natural justice?

3.1. My Lord, it is a well-established principle of law that where a

party has been enriched by receiving funds to which they
are not entitled, the court is empowered to order restitution
to the party who suffered the loss. This power is derived
from the doctrine of restitutio in integrum, which seeks to
restore the aggrieved party to their original position prior to
the act(s) made by mistake.

3.2. Section 257 of the 1999 Constitution vests the High

Court with jurisdiction in civil matters, including matters of
restitution and the protection of citizens from financial harm
caused by transactions made mistakingly. Additionally,
Section 6(6)(b) of the Constitution grants the courts
inherent powers to adjudicate and provide remedies in
cases of this nature.

3.3. In this case, the Applicant's funds were mistakenly

transferred to the 2nd Respondent’s account without any
lawful or contractual basis.

Page 8 of 10
3.4. The principles of natural justice dictate that a party should not
be allowed to profit from such mistake made by the
Applicant. The courts, in their equitable jurisdiction, have
consistently upheld the need to rectify financial mistakes by
directing the restitution of funds to their rightful owners. The
case of Central Bank of Nigeria v. Beckiti Construction
Ltd. [2011] 5 NWLR [Pt. 1240] 203 underscores this
principle, where the court emphasized that restitutio in
integrum denotes the restoration of the parties to the position
they were in before the mistaken act occurred.

3.5. It is, therefore, submitted that this Honorable Court has the
authority and jurisdiction to order the reversal of the
unauthorized funds to the Applicant’s account.

Whether this Honorable Court can lawfully authorize and

direct the imposition of a debit restriction (Post No Debit) on
a third party's bank account and mandate the continuous
application of cash inflows from the said third party account
to the Applicant’s account, in the absence of a legal basis by
the third party in claiming entitlement to such funds?

3.6. My Lord, in addition to restitution, the Applicant also seeks

an order placing a debit restriction (Post No Debit) on the
2nd Respondent’s account to prevent further dissipation
of funds that rightly belong to the Applicant. The
Applicant submits that, under the Constitution and the
powers vested in this Honorable Court, such an order is
necessary and lawful in cases where the funds in dispute
have been traced to a third party’s account.

3.7. In the absence of a legal basis for the 2nd Respondent to

claim ownership of the funds, it is imperative that the court
acts to protect the Applicant from any harm by restricting
the 2nd Respondent’s ability to access or dissipate the
funds in her account. This measure ensures that the
Applicant can recover the unauthorized funds without the
risk of them being further transferred or used.

3.8. The continuous application of cash inflows to the

Applicant’s account until the total amount of
N21,685,171.20 (Twenty One Million Six Hundred and
Eighty Five Thousand One Hundred and Seventy One
Naira, Twenty Kobo Only) is fully recovered is both a
practical and just measure. The 2nd Respondent has no

Page 9 of 10
 legal claim to the funds, and any delay in reversing the
funds will result in continued financial hardship for the
Applicant.

4.0. Conclusion
4.1. My Lord, based on the foregoing, it is respectfully submitted
that this Honorable Court has the authority and jurisdiction to
grant the reliefs sought in the Applicant’s Originating
Summons. The court's intervention is necessary to rectify the
financial injustice caused by the unauthorized withdrawal and
transfer of the Applicant's funds, and to prevent any
dissipation of the said funds.

Dated this 4th day of February, 2025

_____________________
____
Margaret Belawu,
Esq
Ifeoluwa Olatilewa Adigun, Esq
Ayodeji Timothy, Esq
COUNSEL FOR THE APPLICANT
Adigun & Ayodeji (LP)
Suite 112, Jinifa Plaza, CBD
09066972257,
08171720498
[email protected]
FOR SERVICE ON:
1ST RESPONDENT
UBA Bank Ltd
Abuja

The 2nd Respondent

Cumbamed Associates Ltd
4B ASWAN STREET WUSE 3,
ABUJA, FCT

Page 10 of 10