Judicial U-Turn: How Ekiti Magistrate Court Annuls Ruling On Arresting Lawyers Who Would Lift Account Freeze
In a reversal yesterday of its earlier ruling, the Chief Magistrate Court in Ikole Ekiti Magisterial District has vacated its earlier order mandating the freezing of a Keystone Bank account and the arrest of lawyers attempting to lift the restriction, citing a lack of jurisdiction.
The ruling, delivered on February 7, 2025, set aside the controversial ex parte order issued on January 23, 2025. That order had directed Keystone Bank to restrict access to Account Number 1048593358 based on an application by the Inspector General of Police (IGP), amid allegations of fraud and financial misconduct.
However, following a legal challenge by the affected party, represented by Barrister Catherine Oduluyi, the court revisited the matter. The defense argued that the magistrate lacked the jurisdiction to issue such an order and urged the court to set it aside.
Supporting the application were:
After reviewing the submissions, the court ruled that its earlier decision was made without proper jurisdiction, rendering it legally ineffective. Citing the landmark Supreme Court case Madukolu v. Nkemdilim (1962), the magistrate emphasized that any ruling made without jurisdiction is null and void.
“This court lacks jurisdiction to make such orders as previously issued. I hereby decline jurisdiction on the ex parte motion and set aside the order made on January 23, 2025, in its entirety.”
Reacting to the development, the Chairman of the Nigerian Bar Association (NBA), Ado-Ekiti Branch, Taiwo Omidoyin, addressed concerns about the sudden reversal of the order.
“I could also see that people are wondering how the order was vacated. There was an application filed by the 2nd Respondent, represented by a law firm in Lagos (The Law Crest LLP), challenging the order on the basis of jurisdiction. It was upon the hearing of the said application on merit that the initial order was vacated. Attached herewith is the copy of the order.”
Recall that on January 23, 2025, the Ekiti Magistrate Court had issued a controversial ruling, mandating the arrest of any lawyer or individual attempting to lift a Post-No-Debit (PND) order on a suspect’s bank account without police authorization.
The ruling, delivered by Chief Magistrate Oluwadare T.O., was part of a case involving the Inspector General of Police, Keystone Bank, and the Nineteenth Kid Estate Residents Association. The case revolved around allegations of fraud, conspiracy, and financial misconduct.
As part of the directive, Keystone Bank was ordered to freeze the suspect’s accounts and provide financial documents to aid police investigations. Additionally, the court ruled that any lawyer or individual attempting to lift the restriction without police approval should be immediately apprehended.
“The PND should not be lifted unless the suspect has reported to the police. Any lawyer or person who seeks to lift the restriction without police authorization should be arrested,” the original court order had stated.
