The Federal High Court in Abuja has set aside an order freezing the bank accounts of four defendants allegedly linked to a 2023 N21 billion system glitch that led to a police investigation.
The defendants are Adebusoye Adewumi, Reuben Aikhorin, Ukonu Tamara and Tamara A. Autos.
Justice Emeka Nwite, in his ruling, held that the order obtained in favour of the police was secured through the suppression of material facts.
Justice Nwite agreed with the arguments of the defendants’ legal team, led by Abbas Ochogwu of Lexlaw Solicitors & Attorneys, that relevant facts about the case were concealed by the applicant who filed the motion ex parte.
The matter is connected to investigations and litigation involving banks and financial institutions over efforts to recover billions of naira allegedly withdrawn fraudulently from a Flutterwave account at Wema Bank.
The withdrawals were said to have occurred due to an alleged system glitch between Oct. 12 and Oct. 13, 2023.
The four affected defendants, through their lawyers, filed a motion on notice, urging the court to vacate the ex parte order on the grounds that the police failed to disclose material facts as required by law.
They argued that a similar court of coordinate jurisdiction had already discharged the restrictions imposed on them.
Justice Nwite held that court orders should not stand where it is established that judicial discretion was exercised on a materially incomplete factual foundation.
He said the circumstances of the case, as highlighted by the defendants, justified the court’s decision to reverse its previous orders.
“The court therefore finds that the failure to disclose the order of April 2, 2026, which had discharged and lifted the restrictions affecting the applicants’ accounts, constituted a material non-disclosure in the circumstances of the ex-parte application.
“The subsequent procurement of an order imposing substantially similar restrictions without first disclosing and addressing the earlier order cannot be permitted to stand,” he said.
The judge consequently resolved the issue in favour of the first to fourth defendants/applicants.
He ruled that “the ex-parte order made by the court on 2nd June, 2026, in Suit No. FHC/ABJ/CS/1004/2026, together with all consequential directives issued pursuant thereto, is hereby set aside and vacated.”
Justice Nwite further ordered that all freezing orders, restrictions, liens, Post-No-Debit instructions and other encumbrances imposed on the accounts or properties of the first to fourth defendants pursuant to the June 2, 2026 order be discharged and set aside.
