
IN THE
NATIONAL INDUSTRIAL COURT OF NIGERIA
IN
THE ABUJA JUDICIAL DIVISION
HOLDEN
AT ABUJA
BEFORE
HIS LORDSHIP HONOURABLE JUSTICE O. Y. ANUWE
Dated:
13th October 2026
SUIT
NO: NICN/ABJ/355/2025
Between:
Charles Akom Debt Recovery Services Ltd. -
Claimant
(Suing as Trustees on Behalf of 216 former Staff
Of the defunct International Trust Bank Plc.
Now Ecobank Nig. Ltd)
And
Ecobank
Nig. Ltd. - Defendant
Representation:
B. T. Ojonugwa for the Claimant
Ugonna
Afiadigwe with Nwoba E. Nwoba for the Defendant
RULING/JUDGMENT
On 22nd
January 2026, the defendant filed a notice of preliminary objection wherein it
sought the following reliefs:
1.
An Order striking out the suit for lack of jurisdiction to entertain
this suit.
2.
An Order striking out this suit for being an abuse of court process.
3.
An Order striking out the suit as the Claimant lacks Locus Standi.
4.
An Order striking out this suit for disclosing no reasonable cause of
action against the Defendant.
5.
And for such further order(s) as the Court may deem fit to make in the
circumstances.
The grounds upon
which the NPO is brought are as follows:
i.
The Claimant's suit is a gross abuse of the process of this Court, as
the institution of the present suit is an attempt to re-litigate an issue
already decided sometime in 2007, in suit FCT/HC/CV/203/2007 between Maitala
Iliyasu (suing for themselves and representing 161 former staff of
International Trust Bank Plc now dissolved) & 2 Ors V. Oceanic Bank
International PLC, and in Suit No: NICN/ABJ/323/2013 between Charles Akon
Investment Ltd V. Ecobank Nigeria Ltd on behalf of 207 alleged staff members of
International Trust Bank Plc between the same parties, involving the same
former staff of International Trust Bank Plc on the same subject matter and
seeking substantially the same reliefs.
ii.
The institution of the present suit amounts to multiplicity of actions,
as the Claimant has initiated parallel proceedings in courts of coordinate
jurisdiction in respect of the same cause of action, thereby subjecting the
Defendant to needless harassment, embarrassment, and multiple litigations
thereby constituting abuse of court process.
iii.
The Claimant lacks the requisite locus standi to institute and maintain
this action, because there is no legal nexus between the Claimant and the 216
persons being purportedly represented by him.
iv.
The Court lacks the jurisdiction to entertain this suit.
v.
The Claimant who brought this suit under the guise of a Trustee on
behalf of the alleged 216 former Staff of the defunct International Trust Bank
Plc (ITB), now Ecobank Nig. Ltd has no legal basis and cannot stand as there
was no validly executed Power of Attorney donated and/or any other document
from the purported 216 Staff collectively appointing Blessing I. Hephzibah and
Oscar A. Ugbem as General co-ordinator and coordinators
respectively of a non- existent organization, to institute this action for and on behalf of all of them.
vi.
From the Claimant's pleadings and from the documents/particulars
adduced, only disclosed that the Claimant is acting as a Trustee of a
non-existent organization.
vii.
This application was brought in the interest of justice.
The NPO was supported
with an affidavit, deposed to by Dehinbo Francis, a Human Resources Business
Partner in the employment of the defendant, and a written address. In opposing
the NPO, the claimant filed a counter affidavit and written address on 20th
April 2026. The Counter affidavit was deposed by Charles Ifeanyichukwu Akom, who
said he is the Chief Executive Officer of the claimant.
I have examined the grounds of the NPO and I
observe that from the totality of the grounds, only 3 grounds of objection have
been raised, which are:
1. That
this suit is an abuse of
Court process;
2. That the Claimant lacks
locus standi to institute and maintain this suit, and
3. That the suit does not
disclose reasonable cause of action against the defendant.
From these grounds of objection, it is my view
that the ground that the claimant lacks locus standi to institute this suit
comes foremost for consideration. This is because the claimant must have the
requisite standing to institute the suit before the other issues as to whether
the suit itself is an abuse of court process or whether the suit disclosed any
reasonable cause of action can be considered. I will therefore first consider
whether the claimant has locus standi to institute this suit.
In the affidavit in
support of the NPO, it was deposed that the claimant filed this suit claiming
to act as a Trustee for the 216 former staff of defunct ITB Plc and also
claiming that Blessing Hephzibah and Oscar A. Ugbem were appointed as General
Coordinator and Coordinator respectively. However, no Power of Attorney or any
written authority from the said 216 persons was filed with the Claimant's
processes. The claimant did not also file any document showing the existence of any
organization for which the Claimant claims to act as Trustee, or showing that
the Claimant was appointed as Trustee by such organization.
The arguments of the defendant on this ground of
objection are contained in issue 2 of the written address in support of the
NPO. Learned counsel for the defendant, Ugonna Afiadigwe Esq., submitted that the Claimant lacks
the capacity in law or the locus standi to institute and maintain this action
against the Defendant on behalf of the 216 staff members of International Trust
Bank. Counsel cited Osagie & Ors V. Enoghama & Ors (2022)
LPELR-58903(SC) where it was decided that before a party can maintain an action
in any court of law or tribunal, such a person must have locus standi to
maintain such an action. There is no fact in this case showing that Charles
Akom Debt Recovery ]Services Ltd was a staff of the then International Trust
Bank (ITB) or was ever in the employ of ITB before or after the merger and the appointment
of Charles Akom Debt Recovery services Ltd and the Managing Director/Chief
Executive Officer, Charles Ifeanyichukwu Akom as debt recovery agents and
lawful attorneys to represent and use the company's financial resources to
institute action on behalf of former staff of International Trust Bank (ITB)
was not established by credible evidence.
It was further
submitted that there is nothing before this court to show that the 216 permanent
staff members of the International Trust Bank Plc are in any recognizable
organization or that the said 216 members of the organization donated any power
of Attorney to Blessing I. Hephziba as their General Coordinator and Oscar A.
Ugbem, as Coordinator to give them the right to sub-donate or delegate such
powers to the Claimant. Thus, the Power of Attorney relied on by the claimant
did not show that the 216 staff of International Trust Bank Plc appointed the
Claimant to institute the action on their behalf. Since the claimant lacks
locus standi to institute or commence this action on behalf of the said 216
staff of the International Trust Bank Plc, this Court lacks the jurisdiction to
entertain the suit.
The explanation given in the claimant’s counter affidavit
to establish its locus standi is contained in paragraph 5 [xxiii], [xxiv] and [xxv]
of the counter affidavit. It was deposed in these paragraphs of the counter
affidavit that the claimant pleaded in paragraphs 4 and 5 of the statement of
facts that it instituted
this suit in a representative capacity as Debt Recovery Agents and Lawful
Attorneys on behalf of 216 persons who jointly and severally appointed the
claimant by a duly executed Power of Attorney dated 25/10/2024 and vested their
legal titles on the claimant to represent them in order to recover their
deducted outstanding balance of N569,947,120.16.
The written address in support of the claimant’s
counter affidavit was signed by Charles Ifeanyichukwu Akom. Charles
Ifeanyichukwu Akom submitted 3 issues to the court for determination and
proceeded to argue the issues. The fact that the written address of the
claimant was signed by Charles Ifeanyichukwu Akom raises the issue of the
competence of the written address. This observation arose from the fact that Charles
Ifeanyichukwu Akom is not the claimant in this suit and he is also not a legal practitioner representing
the claimant as he had not said it anywhere in the counter affidavit that he is
a lawyer. I have also not seen any NBA stamp and seal in his name affixed to
any of the processes signed by Charles Ifeanyichukwu Akom in this suit. The
claimant in this suit is Charles Akom Debt Recovery Services Ltd, which is a
juristic person. Charles Ifeanyichukwu Akom is only the CEO of the claimant. The
implication of Charles Ifeanyichukwu Akom signing the written address filed
before me is that Charles Ifeanyichukwu Akom is addressing this court in a suit
in which he is not a party and not a legal practitioner representing the
claimant. These facts made me to wonder where Charles Ifeanyichukwu Akom got
the competence or authority to address this Court in this matter.
It is either a party in a suit before this court
or his legal practitioner that can address this court personally. Charles
Ifeanyichukwu Akom not being a party in this suit and not being the legal
practitioner for the claimant lacks the competence to address the court in this
suit. More so that there is nothing presented to the Court in the claimant’s
counter affidavit to the NPO, or even in any of the processes filed by the
claimant in this suit to show that the claimant authorized Charles
Ifeanyichukwu Akom to sign processes on its behalf in this suit. Simply being
the CEO of the claimant does not authorize Charles Ifeanyichukwu Akom to sign court
processes for the claimant without a Board resolution to that effect.
What worries me the most is that on 14th
July 2026 when the NPO was heard, B.T. Ojonugwa Esq, appeared for the claimant
and adopted the written address prepared and signed by Charles Ifeanyichukwu
Akom. That is an unfortunate development. Has the legal profession degenerated
to the state where non-lawyers to prepare processes, file them in court and
then engage lawyers to go to court to adopt such processes? I must say that it
is an act of professional misconduct for lawyers who engage in such
arrangement.
Without expending further energy on the
competence of the written address in support of the claimant’s counter
affidavit signed by Charles Ifeanyichukwu Akom, I hold that the written address
is not competent and this court cannot give it any consideration. Accordingly,
I will discountenance the written address. This decision however does not
affect the counter affidavit to the NPO deposed by Charles Ifeanyichukwu Akom,
which he could do in the capacity of a witness for the claimant in respect of the
NPO.
The
term “locus standi”, which is synonymous with “standing” or “title to sue”,
means the right of a party to institute an action and to appear in court and be
heard on the questions he brought before the court. The term is usually used in
connection with a claimant who has instituted an action and the question
usually is whether in law, he can commence or prosecute the suit he has
commenced. The concept of locus standi is dependent on two main factors. They
are the subject matter of the suit and sufficient interest to be shown by the
claimant on the subject matter. The law requires that there must be a
correlation between the interest of the claimant and the subject matter of the
suit touching him as a party and thus giving him the right to complaint or the
right to defend his civil right and obligations against another person,
government or authority. In DOPAH V. REGISTERED TRUSTEES,
UMCN (2019) 4 NWLR (Pt. 166) 520, it was held that:
Locus standi means
the legal capacity or standing of a party to institute an action in a competent
Court of law or tribunal. Therefore, the challenge of a person's 'locus standi'
in a case raises a question of whether the person whose standing is in issue,
is the proper person to seek the adjudication of the Court or tribunal upon the
issues involved in or the subject matter of the case.”
See also
EAST HORIZON GAS CO. LTD V. EFIOK (2012)
ALL FWLR (PT. 605) 386 AT 395; ADETONA V. ZENITH INTERNATIONAL BANK PLC (2012)
ALL FWLR (PT. 611) 1443 AT 1465; METILELU V. OLOWO-OPEJO (2006) ALL FWLR (PT
337) 418 AT 429.
Where
a party does not have sufficient interest in the subject matter of a suit or in
the outcome of the suit or if he has not suffered or does not stand to suffer
any injury either by the enforcement, or threatened exercise of some power,
authority or right which he complained about in the suit, he is said to lack
locus standi in the suit.
As a
general principle, the locus standi of a claimant in a suit he instituted is to
be found in the endorsements in the writ of summons and the averments in the
statement of claim or, if it is in respect of a suit commenced by originating
summons, the originating summons and the affidavit in support. Thus, in deciding whether a claimant has locus standi,
the originating process is to be examined to ascertain whether the claimant
discloses a cause of action vested him. In FIRST
BANK OF NIGERIA PLC V. NERIKO ENTERPRISE LTD [2002] FWLR [PT. 95] 335 AT 344
it was held as follows:
“In an application to determine whether a plaintiff has locus
standi or not, the judge is bound to confine himself within the four walls of
the writ of summons and the statement of claim before him and no more, as the
issue of locus standi is a matter of law. Even, if the statement of defence has
been filed at the time the objection was made, the Judge would still be bound
to confine himself to the statement of claim of the plaintiff to decide whether
he has a locus standi”
See also METILELU V. OLOWO-OPEJO
(SUPRA) AT 430; ADETONA V. ZENITH
INTERNATIONAL BANK (SUPRA) at 1454.
In the Complaint, which
was also signed by Charles Ifeanyichukwu Akom, the only named claimant is Charles Akom Debt Recovery Services Ltd and it was stated
under its name as suing in a representative capacity as “Trustees on behalf of the 216
former staff of the defunct International Trust Bnak Plc [ITB] Now Ecobank Nig.
Ltd”. The reliefs sought by the claimant in the suit are as follows:
1.
An Order directing the Defendant to pay to the claimants the liquidated
outstanding balance of N569,947,120.16 only, shown in the Defendant's account
of the claimants' final entitlements dated 19/2/2009, attached as Exhibit L
being the amount of money deducted from the claimants' salaries and allowances,
salary in lieu of notice, special redundancy payment, pension contributions and
gratuity, when the business of the Bank was low.
2.
An Order directing the Defendant to pay to the claimants, 10% percent
interest per annum on the deducted outstanding balance of N569,947,120.16 only,
as damages, calculated at the rate of N56,994,712.02 only, multiplied by 16
years (from 1st April 2009 to 31st March, 2025), being
the total sum of N911,915,392.32 only.
3.
An Order directing the Defendant to pay to the claimants 10% percent
interest per annum on the entire judgment debt from the 1st of April
2025 until same is completely liquidated or satisfied.
4.
An Order directing the Defendant to pay the entire judgment sum to the
claimants' Lawful Attorney, Charles Akom Debt Recovery Services Ltd, within the
time allowed for appearance and upon such payment, the proceeding shall
terminate.
5.
An Order directing the Defendant to pay to the claimants the total sum
of N3,500,00.00 only, as cost of the suit.
6.
And for such order or further orders as this Court may deem fit to make
in the circumstances.
The claimant pleaded
as follows in paragraphs 1, 2, 3, 4, 5 and 6 of the statement of claim.
1.
The claimants aver that the Defendant (now Ecobank Nig. Ltd) owes the
claimants the outstanding balance of N569,947,120.16 only.
2.
The named Claimant on record, Charles Akom Debt Recovery Services Ltd,
is a Private Limited Liability Company, legally registered with the Corporate
Affairs Commission, incorporated in Nigeria on the 12th of April 2024, under
the Companies and Allied Matters Act 2020 with Registration No. 7440216,
carrying on the business of Debt Recovery using all legal avenues, with office
situate at No. 3 Shop, Chief Palace Road, Jikwoyi, Phase 1, Abuja within the jurisdiction
of the Honourable Court.
3.
That the 216 persons represented in the suit, jointly and severally
appointed Charles Akom Debt Recovery Services Ltd and its Managing Director/CEO
Charles Ifeanyichukwu Akom (the Claimants on record) as their Debt Recovery
Agents and Lawful Attorneys (herein referred to as Trustees) and validly vested
their legal titles on them, with the exclusive right to represent them and to
use the Company's financial resources to initiate on their behalf, any measure
that may be necessary or incidental including but not limited to Court action
against the Defendant, now Ecobank Nig. Ltd, in order to recover their deducted
outstanding balance of N569,947,120.16 only and to take absolute possession of and hold the money
on trust and to disburse same to the beneficiaries according to the amount owed
each person, after deducting the agreed commission.
4.
That the Claimants on record bring this action against the Defendant
(now Ecobank Nig. Ltd) in a representative capacity as Debt Recovery Agents and
Lawful Attorneys (herein referred to as Trustees) on behalf of all the 216
persons whose names and the amount owed each person are shown in the document
marked "Appendix A" attached to a duly executed Power of Attorney
dated 25/10/2024 donated to the Claimants on record.
5.
That the action is supported by the duly executed Power of Attorney
dated 25/10/2024 donated to the Claimants on record. A copy of the Power
of Attorney dated 25/10/2024 is pleaded.
6.
The Claimants aver that the 216 persons represented in this suit were
permanent staff of the former International Trust Bank Plc (ITB), formerly
known as Gamji Bank of Nig., later Oceanic Bank International Plc. and now
Ecobank Nig. Ltd., the Defendant in the suit. A copy of the ITB
staff list is pleaded.
The
subject matter of the suit is the amount of money allegedly owed to the 216
former staff of the defendant as outstanding entitlements by
virtue of their employment with the defendant. The people who were owed the outstanding
entitlements the claimant claims in this suit are the 216 former staff of the
defendant. That is to say the persons who have interest or are
entitled to the money are the 216 former staff of the defendant. The 216 former staff of
the defendant are therefore the proper persons to commence action in court to
recover the outstanding entitlements owed to them by the defendant. However, none
of the said 216 former staff is a named claimant in this suit. Rather, the
named claimant claims to have instituted this suit in representative capacity on
behalf of the said 216 former staff of the defendant and in paragraphs 4 and 5
of the statement of facts, the claimant relied on a Power of Attorney dated
25/10/2024 as being the instrument donating authority to it to institute this
suit on behalf of the said 216 former staff of the defendant.
I have examined the
Power of Attorney dated 25/10/2024, which the claimant frontloaded, to
ascertain the claimant’s authority to institute this suit on behalf of the 216
former staff of the defendant. The Power of Attorney was signed by Blessing
Hephzibah and Oscar A. Ugbem on behalf of the “donors” and Charles Ifeanyichukwu Akom for Charles Akom Debt
Recovery Services Ltd, the Trustees. Of the 216
former staff of the defendant, only two of them, Blessing
Hephzibah and Oscar A. Ugbem, signed the Power of Attorney, purportedly on
behalf of the 216 former staff of the defendant. However, I cannot find any document
in the documents frontloaded by the claimant where the remaining 214 staff appointed
or authorized Blessing Hephzibah and Oscar A. Ugbem to be their representative or
to sign the Power of Attorney on their behalf. Also, I cannot find any document
signed by all the 216 former staff of the defendant appointing or authorizing the
claimant as Trustee or to institute this suit on their behalf.
To have
brought this suit on behalf of the 216 staff, the claimant has confirmed that
all the 216 staff are alive. Why did the 216 staff not sue in their names? Even
if they decided to sue through the claimant, why is there no letter of
authority to the claimant signed by all of them? There is no averment in the
statement of claim to answer these questions. In any case, from the averments
of the claimant and the documents produced, particularly the Power of Attorney
relied upon by the claimant, I do not find any valid authority donated to the
claimant by the 216 former staff of the defendant it claims to represent in
this suit.
The
claimant is not a former staff of the defendant. The claimant does not also have,
neither is he entitled to any part of the money owed to the former 216 staff of
the defendant. The claimant has also not been authorized by all the 216 former
staff of the defendant to institute this suit on their behalf. Consequently,
the claimant lacks the locus standi to institute this suit in its name as the
claimant. The effect of this finding is that the claimant is not the proper
party to institute this suit in the first place.
The claimant’s capacity to institute and maintain this suit goes
to the foundation of the suit. The claimant’s lack of locus standi and its lack
of proper authority to institute this suit in representative capacity renders
the suit incompetent and also affects the jurisdiction of this Court to entertain
the suit. Accordingly, the court cannot proceed further to determine the suit
or consider any other issue/ground in the NPO. Consequently, I find merit in
prayers 1 and 3 of the NPO.
Let me digress to comment on the competence of the Originating
Complaint itself. Order 4 Rule 4[3] of the Rules of this Court provides that an
originating process shall be signed by the Claimant or Counsel where the
claimant sues through a Counsel. Order 6 Rule 1(2) specifically provides that
each copy of originating process “shall be signed by the claimant suing in
person or by the Counsel”. In this case, the claimant sued in person
and not through a counsel but the Complaint was signed by Charles Ifeanyichukwu
Akom who is not the claimant and not the counsel for the claimant. I understand
that Charles Ifeanyichukwu Akom is the CEO of the claimant company. That
position, without a Board resolution enabling him in that behalf, does not
authorize him to issue the Complaint. I hold the view that the Complaint is not a validly issued originating process of this suit
and thus liable to be set aside. That is by
the way.
The result of the conclusion reached on the NPO is that prayers 1
and 3 of the NPO are granted. This suit is hereby struck out.
No order as to cost.
Ruling is entered accordingly.
Hon. Justice O. Y. Anuwe
Judge