PETER OLUWAFEMI ATOYEBI, SAN v. BARCLAYS BANK PLC & ANOR.
SUPREME COURT OF NIGERIA
(GARBA; ABUBAKAR; NWOSU-IHEME; TSAMMANI; ABIRU, JJ.SC)
FACTS
Peter Oluwafemi Atoyebi, SAN (“the Appellant”), a private legal practitioner in Nigeria and Ghana and Pastor in charge of Province 2 of the Redeemed Christian Church of God, maintained a bank account with Barclays Bank Plc (“the 1st Respondent”) through Barclays Groups Representative Office (Nigeria) Limited (“the 2nd Respondent”). The account was, however, domiciled with the International Branch of Barclays Bank Plc in England. At the time he opened the account, the Appellant alleged that he was not informed, either verbally or in writing, that any cheque issued on the account would require his prior written confirmation before it could be honoured.
Between 2006 and 2009, the Appellant alleged that several cheques issued by him were dishonoured by the 1st Respondent notwithstanding the availability of sufficient funds in
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