HOW POLICE OFFICERS ABUSE BANKERS' ORDERS TO FREEZE NIGERIANS' BANK ACCOUNTS

- By Dele Igbinedion Esq.

While investigating suspects, the Nigeria Police usually sends a request for Bankers Order to a Magistrates Court.

It is common knowledge that Banks are very secretive, and rightly so. Thus, they always close their ears to any request to open their books for examination or inspection.

However, it is often necessary for police officers to be given access to suspect's bank accounts for the purpose of investigation. So, the law created what is now commonly referred to as a Bankers Order.

Consequently, a Bankers Order is an Order from a Court to a Bank to permit a police officer to inspect its books or records relating to a particular individual or individuals, and also to make copies of the documents. That is all. The police officer or officers will merely be permitted to inspect the books and take photocopies, if necessary, to assist their investigation. Nothing more. This is all the law allows.

But Bankers Order is usually abused by Police officers who furtively insert a clause in the application form requiring the Bank to freeze the account, pending completion of investigation. The problem does not end there.

With mush respect, experience shows that Magistrates and Judges usually sign these Bankers Orders, oftentimes, without as much as reading through them. Worse, no Judicial official even bothers to read the law authorising the issuance of Bankers Orders. I stand to be corrected, but, I wager anyone that no judicial or prosecutorial officer has ever seen the enabling laws.

There seems to be an assumption that  either that the application is correct just because it was made by a police officer, or that the law permits the Police to make the application. But this is not so.

Okay, do not take up issues with me because the statements in the last two paragraphs above are not mine. They are actually the words of the Court of Appeal of Nigeria.

In ONAGORUWA V. I.G.P. (1991) 5 NWLR, the Police obtained a Bankers Order from the Lagos High Court and froze all of Dr. Olu Onagoruwa's accounts, including his law firm's accounts. Gani Fawehinmi led the legal challenge on appeal against the High Court's issuance of the Bankers Order, especially the clause which ordered the freezing of the bank accounts.

The Judgment was unanimous. The Bankers Order was struck down. But that was not all. The Justices at the Court of Appeal were appalled that the High Court Judge granted such an order, particularly the freezing Order. They wisely opined that the English Statutes (which the Police relied upon to support the application) did not authorise the Court to freeze the Account.

That, again, was not all. The Appeal Justices wondered if the Learned High Court Judge even read the Police application for the Bankers Order or the law pursuant to which the application was made. Of course the Judge did not read the law.

I am yet to come across any Judge or Magistrate who has ever read that law. Where will they find it? Well, before you laugh, let me quote from one such Bankers Order which the Police in Delta State used to freeze a client's account. Maybe it will help you understand.

Here it is:

"Application under section 7 of the Bankers Book Act 1879 (42 Vic C11) in conjunction with Section 40 Magistrate's Courts ER No. 10 of 19555 section 45 (i) of the Interpretation  Act Cap 89 Vol. 3 Laws of Nigeria and section 96 (b) Evidence Act Cap 62 Vol. 2 law of Nigeria.