SOME Nigerians who claimed to be victims of Automated Teller Machine (ATM) scams have taken the Central Bank of Nigeria (CBN), all the 24 banks in the country and Interswitch before Justice Ibrahim Auta of the Federal High Court, Lagos, claiming about N50 billion damages.Besides, the plaintiffs also demanded N2.5 million being the joint value of their deposits lost at four of the banks as well as N100 million as the cost of litigation and N10 million as the cost of providing appropriate notice to the defendants and administering the class action for their benefit.
The case was instituted by Tochukwu Onyuike from the Punuka Attorney and Associates Chambers on behalf of victims of unauthorised ATM withdrawals, who were represented by Miss Daba West, a civil servant with the Nigerian Ports Authority (NPA), Miss Nwajiagah Omeruo, a consultant, Mr Tochukwu Onyuike, a lawyer, and Mr Sydney Aguwamba, a fashion designer.
They want the court to give an order directing the banks, the apex bank and Interswitch to pay N50 billion as general damages for the unauthorised withdrawals.
Union, BankPHB and two other banks were chosen as representatives of the 24 banks and any decision taken against the four by the court affects the remaining 24 banks as well as the CBN and Interswitch.
The plaintiffs are seeking a declaration that the defendants are liable to Nigerians for the losses and damages occasioned by the negligence of the defendants in relation to the provision of debit card services.
They further sought a declaration that the defendants are strictly liable for any damages or losses caused to them by reason of the use of the debit cards issued to them by the defendants.
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