dud and dishonoured cheques

Q1361. Is there any limit to the number of account a customer can operate with a particular bank?

No, no legal limit exists on the number of account a customer can maintain with a bank. A customer can have any number of accounts with a bank as may be agreed between him and the bank. SEE ANGYU V. MALAMI (1992) 9 NWLR (264) 242

Q1362. I was unable to withdrawn money by cheque from the bank because the cheque was a dud cheque. What does this mean?

A cheque is said to be dud, where no money or insufficient fund exist in the account upon which the cheque is to be executed. NATIONAL BANK V. OPEOLA (1994) I NWLR (PT 319) 126

Q1363. At what point will a dishonoured cheque incriminate the issuer?

A dishonoured cheque will incriminate the person issuing it when such person issues same as payment for the purpose of obtaining or inducing the delivery of anything capable of being stolen or to obtain credit either for himself or any other person, and when such cheque is presented to the bank for payment, at least 3 months from the date it was issued it gets dishonoured by the bank because no fund or insufficient fund exist in the issuer’s account. SEE SECTION 1 DISHONOURED CHEQUES (OFFENCE) ACT CAP.D11 LAWS OF THE FEDERATION OF NIGERIA 2004

Q1364. What if the cheque was issued on the innocent belief that sufficient amount exist in the account, will the issuer be liable for offence under the Dishonoured Cheque Offences Act?

No, however such person should have to prove satisfactorily to the court that when he issued the cheque he has reasonable ground for believing in fact that it would be honoured if presented for payment within the period specified in the Act. SEE SECTION 1 (3) DISHONOURED CHEQUES (OFFENCE) ACT CAP.D11 LAWS OF THE FEDERATION OF NIGERIA 2004

Q1365. Does the bank have the right to consolidate the different accounts of the customers?

Yes, the bank can consolidate all the different accounts operated by a particular customer except there is an express or implied agreement that the account should be kept separate, at which point reasonable notice must be sent to the customer and the customer must give his consent for consolidation. SEE ANGYU V. MALAMI (1992) 9 NWLR (264) 242

Q1366. Who has the control of the money in a customer account?

Notwithstanding that the money stands in credit to the customer’s account, the bank has the custody and control of the money. The customer only has the contractual right to demand for repayment. PURIFICATION TECH. (NIG) LTD V. AG LAGOS STATE & 31 ORD (2004) 9 NWLR (PT 879) 665

Q1367. Is a bank obligated to allow its customer to overdraw from his account?

No, except where there is a previous agreement between the bank and the customer, a bank is not obligated to allow its customer to overdraw from his account. See F.B.N LTD. V. MOBA FARM LTD (2005) 8 NWLR (928) 492 AT 515

Q1368. If a company is indebted to a bank, can such bank offset the debt by deducting the indebted sum from the director’s personal account?

No, a bank has no right by law to deduct the sum from the director’s account to offset the liability of the company. ODUNDEJI V. IBWA LTD (1993) 2 NWLR (278) See GOLDAY CO. LTD V. CO-OPERATIVE DEV. BANK PLC (2003) FWLR (PT 153)

Q1369. If the issuer of the cheque insists that the cheque was regular and the account contains sufficient fund, what right does the issuer have?

Where the issuer of a cheque insists that the cheque was regular and not a dud one, the issuer has every legal right to call for an explanation by the banker. It is the bank who says that a cheque is dud that has the burden to prove it. SEE NATIONAL BANK V OPEOLA (1994) 1 NWLR (PT 319) 126

Q1370. What is the contractual effect of a dud cheque?

Ordinarily, payment by cheque can serve as a discharge of debt in a contract agreement. However, where such cheque is dishonoured by the bank, the debt for the principal sum revives. Where necessary, interest becomes payable. SEE R V. TURNER (1974) AC (368)