A Lagos State High Court sitting in Yaba has adjourned an alleged forgery suit filed against Guaranty Trust Bank (GTB) until May 28.
The suit was filed by Alhaji Si-Nuraini Abiola, the Managing Director and Chief Executive Officer of RCN Network Ltd, who accused GTB of forging a Tripartite Legal Mortgage (TLM).
Abiola claimed that the bank swapped the properly signed TLM he had executed for one he had not signed. Furthermore, the bank is alleged to have altered the attestation page and transposed the title documents.
Abiola’s company is the first claimant in the suit, while Abiola himself is the second claimant.
Other respondents in the suit marked: LD/6148LMW/18 were Registrar of Titles, Lagos State Land Bureau, Seinde Fadeni, GMT Energy Resources Ltd, Attorney General of Lagos State, and Sanctum Hospitalities Ltd.
The petitioner alleged that the bank registered a default indebtedness position in the Central Bank of Nigeria (CBN) Debtor’s Registration Portal in the amount of N257 million debited against RCN’s name, which was untrue and unfounded.
He claimed that the bank forged the TLM by swapping the properly signed TLM he had previously executed concerning his Banana Island Property, for the TLM he had prepared for the Oyinkan Abayomi Drive, Ikoyi property, which he did not sign.
The petitioner also alleged that the bank transposed the title documents of the Banana Island property, which was a 12-page document onto a nine-page document as listed in the letter footer.
He submitted that “It was registered under the Federal Government of Nigeria by altering the attestation page through whiting-out segments on the said page and then manually inserting altercations therein with a typewriter.”
Click To Also Read: Court To Hear Applications Relating To Alleged $667,000 dollars Fraud By GTB
At the resumption of the trial, the legal officer of GTB, Mr Nicolas Igwebuike, who was the first defence witness, continued his cross-examination by the claimant’s counsel, Dr Charles Adeogun-Phillips.
Igwebuike confirmed to the court that the cover page of Exhibits C6 and D16 did not indicate the first claimant (RCN network) as a mortgagor in the documents.
The claimant’s counsel asked the witness that what appeared on the consent page was a mistake but the witness said there seemed to be a switch of the party.
Adeogun-Phillips further asked the witness if there was an acknowledgement that the second claimant (Abiola) submitted the TLM tripartite mortgage to the Lagos State Government for processing and not GTB.
The witness confirmed he did not see the acknowledgement on Exhibit C12 but that there was one on Exhibit D16.
The counsel further showed the witness a letter addressed to the commissioner of police, Special Fraud Unit, Ikoyi for the attention of ACP Ohikeie Idris.
However, the lawyer to the bank, Mr Noris Quakers, SAN, objected that the witness could not be examined on documents he did not tender in evidence.
Adeogun-Phillips withdrew the question and argued that the basis for asking the question was to tender a four-affidavit of non-service of subpoena to Idris. A
Although Mr Quakers opposed the admissibility of the affidavits, the judge admitted them in evidence.
The case was subsequently adjourned for the adoption of final written addresses after the defence closed its case.
