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As the outstanding balance of an overdraft facility connected to her World Elite Card, Mrs. Okonjo Udokanma, the CEO of Fine & Country West Africa, has been ordered by the Federal High Court in Lagos to pay Providus Bank Plc $97,982.19 in full.
Providus Bank filed the case, FHC/L/CS/901/2025, which focused on whether the defendant had accepted and used the overdraft facility as stipulated in her account-opening agreement and whether the bank had the right to collect the unpaid balance, plus interest in this case.
According to Justice Ambrose Lewis-Allagoa’s ruling, Mrs. Okonjo willingly signed the documentation establishing her account, consenting to Clauses 12 and 23A–B, which provide the bank the right to award and collect overdrafts with relevant interest.
Her frequent withdrawals in excess of her account balance, the Court observed, amounted to explicit acceptance and use of the facility.
Providus Bank sought a 26% interest rate, which the court deemed excessive and lowered to 10% annually until complete repayment, but nevertheless upholding the bank’s ability to collect the debt.
Banks have the right to impose interest on overdrafts, but “courts will intervene where such rates become unnecessarily exorbitant,” according to Justice Lewis-Allagoa.
Additionally, the judge accepted the arguments made by Mitchel A. Aribisala, the Providus Bank’s attorney, that the defendant’s regular use of the World Elite Card and her refusal to contest the bank’s claims amounted to recognition of the facility and its associated responsibilities.
In order to remove a post-no-debit (PND) restriction on its account associated with the defendant’s Bank Verification Number (BVN), Fine & Country International Realty (West Africa) Ltd. filed a comparable application, but it was denied.
Citing the UK Supreme Court’s ruling in JSC BTA Bank v. Ablyazov[2015] UKSC 64, the Court determined that assets may be frozen even if the debtor has direct or indirect control over them, even if they are not legally or beneficially owned by them. Justice Lewis
The freezing order was legitimate and constitutional, according to Allagoa, because Mrs. Okonjo, as CEO, had operational control over the company’s finances.
