Monday, October 19, 2026

Magistrates’ courts do not have jurisdiction to freeze bank accounts: Judge

The Federal High Court, Lagos Division, ruled that banks and financial institutions “must not recognise ex parte orders obtained from magistrates”.

• October 14, 2025
Federal High Court in Lagos State
Federal High Court in Lagos State

The Lagos Division of the Federal High Court has ruled that banks in Nigeria must stop enforcing account-freezing or post-no-debit rulings by magistrates and other lower courts, declaring the orders illegal and beyond their jurisdiction.

Delivering judgment in a suit marked FHC/L/CS/07/2025, Justice Ibrahim Ahmad Kala held that only courts of competent jurisdiction, such as the High Court, can issue valid orders to freeze bank accounts.

The case was filed by a businessman, Aiman Mahfouz, against Fidelity Bank Plc, following multiple ex parte orders obtained by the police from a magistrate’s court in Mararaba, Nasarawa, to restrict his bank accounts.

Through his counsel, Clement Alaye, Mr Mahfouz asked the court to declare the restrictions unlawful, arguing that the police acted outside the law and violated his fundamental right to property and due process.

Justice Kala agreed with the applicant, declaring the magistrate court’s order invalid and setting it aside. The judge noted that the restriction had remained in place for almost a year, adversely affecting Mr Mahfouz’s business.

“The investigative powers of the police do not and can never include the power to freeze an account without a valid order of a court of competent jurisdiction,” the judge ruled.

He also cautioned law enforcement agencies to follow due process in investigating funds suspected to be proceeds of crime, stressing that magistrates’ courts lack the authority to issue freezing orders on bank accounts.

Justice Kala further advised heads of courts across the country to curb the growing misuse of ex parte orders by inferior courts and urged banks to disregard such directives in the future.

“Banks and financial institutions must not recognise ex parte orders obtained from magistrates’, area, or customary courts seeking to restrict or reverse transactions on customers’ accounts,” the judge stated.

Although the applicant sought ₦200 million in damages, the court declined to award exemplary compensation, noting that the police, the main actors behind the illegal order, were not joined as parties in the suit.

However, the judge awarded ₦500,000 in costs against Fidelity Bank for its role in executing the unlawful restriction.

We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.

More from Peoples Gazette

Nigerian Bar Association

States

Independence: NBA urges Nigerians to expect better future

The NBA said that ordinary Nigerians should be deriving benefit from the subsidy removal rather than hardship.

farmers

Agriculture

FG tasks ECOWAS on leveraging financing strategies for agroecology

The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Katsina State

Politics

Katsina youths pledge to deliver over 2 million votes to Atiku

“Katsina State is Atiku’s political base because it is his second home.”

Hospital ward used to illustrated this story

States

Ogun NMA proposes 10-point healthcare agenda for incoming govt

The NMA chairman urged the incoming administration to implement a comprehensive policy to address staffing shortages and remuneration.

NITDA, NACCIMA

NationWide

NITDA, NACCIMA partner to boost startup investment

Both organisations are also collaborating to increase commercial opportunities for Nigerian startups and enterprises.

African Democratic Party (ADC)

Politics

ADC candidate urges political tolerance as campaign banners destroyed in Lagos

Mr Oyefusi said a witness alleged that the banners were removed by individuals suspected to be APC members.

Pupils in class

Education

Stakeholders seek stronger collaboration to improve pupils’ literacy skills

The stakeholders stressed the need for early intervention and a collaborative approach to help children overcome learning difficulties.

Emmanuel Uduaghan

States

Former Delta governor Emmanuel Uduaghan dies at 71

Mr Uduaghan served two terms as the governor of the oil-rich state from 2007 to 2015.

Rice farm

Agriculture

Bauchi farmers lament losses as suspected rice blast cuts yields

The farmers said the situation had exposed them to losses and made the trade less attractive.