Recovered after a Tier 1 bank froze a company's account under an agency order that never named it. Judgment, then contempt proceedings until the bank complied.
Capacity: forensic reading of the orderGaia & Montgomery Legal (GML) acts for individuals, businesses and institutions when money is frozen, withheld or under investigation. Under the leadership of Adeyemo Dolapo Richard Esq., AiCMC, Member ICA, the firm challenges Post No Debit restrictions, defends clients before EFCC, ICPC and NDLEA, traces cross-border transfers and advises on AML/CFT compliance. Banks answer to our clients, by judgment or by settlement.
Client communications are privileged and handled in confidence.
Every freeze, transfer and investigation has a structure. Our work is to find it and put it before the court.
Appearing before the FCT High Court and the Federal High Court in asset recovery, banking regulatory litigation and financial crime proceedings.
Banks often treat an informal request from an agency as if it were a court order. Our work sits on that boundary: the point where investigative zeal crosses into the client's constitutional right to property.
GML handles Post No Debit encumbrances, EFCC and police hold requests, SWIFT MT103 wire anomalies, beneficial ownership questions and restitution claims against Tier 1 banks. Every matter is run as an investigation first: fund flows traced, exposure assessed, the record built, and only then the strategy.
Stopping banks from freezing deposits on the strength of unverified administrative letters.
Releasing cross-border transfers caught in correspondent bank de-risking filters.
“A commercial bank is neither an investigative agency nor a court of law. It has no statutory warrant to freeze customer deposits without a valid, subsisting order of a court of competent jurisdiction.”
What the firm has done since July 2019, across the FCT High Court, the Federal High Court and the Central Bank's supervisory departments. Client identities are never published.
Funds returned to clients from frozen, restrained and withheld accounts at Tier 1 banks, by judgment and by negotiated resolution.
Recovered after a Tier 1 bank froze a company's account under an agency order that never named it. Judgment, then contempt proceedings until the bank complied.
Capacity: forensic reading of the orderA business's dollar balance recovered from behind a Post No Debit, with full account access restored.
Capacity: banking restriction litigationA freeze placed on an agency letter alone, and kept for more than three years, declared unconstitutional and ordered lifted.
Capacity: constitutional litigationA restrained dollar inflow returned to a trader after the firm won judgment and ₦10 million in damages against a bank defended by Senior Advocate's chambers.
Capacity: judgment as leverageA domiciliary account balance refunded with damages after a restriction that ignored correspondent banking and STR due process.
Capacity: AML/CFT technical knowledgeAn interim freezing order set aside in a matter involving cross-border SWIFT transfers, foreign law enforcement correspondence and FIU reporting.
Capacity: cross-border fund tracingCommittal proceedings and regulatory escalation when a bank was slow to obey a court order. Judgments the firm wins are judgments banks obey.
Capacity: enforcementMultiple Magistrate Court orders set aside for want of jurisdiction. An order from a court without competence is no order at all.
Capacity: jurisdictional precisionA suit struck out as premature because the claimant bypassed the arbitration clause in the contract. Parties are held to the dispute process they signed.
Capacity: contract enforcementA recovery practice built on demand, preservation notices and fast filings in the court with jurisdiction.
Capacity: recovery practiceFavourable outcomes in most criminal and financial matters before EFCC, ICPC, INTERPOL and NDLEA, including discharges, withdrawn allegations and lifted restrictions.
Capacity: defence advocacyStructured interviews and plea negotiations that ended with no custodial sentence and no financial penalty, keeping matters from escalating to prosecution.
Capacity: negotiation under pressureDirect correspondence with international enforcement bodies, including U.S. Homeland Security and INTERPOL, to move cross-border cases forward.
Capacity: international liaisonAnnual Business Risk Assessments and AML compliance advice for a public administration and a continental industry association.
Capacity: compliance & risk advisoryCompany formation and structuring, contracts, joint ventures, mergers and acquisitions, and multi-party supply and distribution agreements across borders.
Capacity: transactionsRecording, artist management and entertainment consultancy, alongside intellectual property protection for founders and creative businesses.
Capacity: entertainment & IPComplex financial crime and dispute matters led and resolved across account restrictions, fund recovery, regulatory exposure and enforcement engagement.
Capacity: depth of caseloadBanks need a valid order that names the customer. Courts need jurisdiction. Litigants must follow the process they signed. Each file shows what the firm did and the capacity behind it. Clients are not identified.
An enforcement agency obtained an ex parte interim order covering about 127 accounts. The bank froze our client's account even though the client's name appeared nowhere on it, and kept it frozen for ten months with no arrest and no invitation. The firm read the order line by line, moved the court on notice, and made the bank produce what it relied on. It could not show a schedule naming the client. The court ordered the account unfrozen forthwith, and when compliance lagged the firm went straight to contempt proceedings and the regulator.
The Court of Appeal in GTB Plc v. Odeyemi Oluyinka Joshua (2021) LPELR-53173(CA) requires a bank to verify an order before acting on it.
An unchallenged interim order lasts 14 days and, if renewed, three months at most. This one had run for ten.
A business found its dollar balance locked behind a Post No Debit with no lawful basis put to it. The firm took the matter to the FCT High Court with a record that left nothing to argue about, and the restriction came off. The account was reactivated and the client regained full access to its funds.
The firm has also had multiple Magistrate Court orders set aside where those courts lacked jurisdiction. Competence is checked before anything else.
Statements, notices and the bank's own correspondence, exhibited in full.
An enforcement agency wrote to a bank asking it to place a customer's account “on caution”. The bank froze it on the strength of that letter. No court order was ever obtained and the customer was never invited or told of any offence. The firm brought an originating summons. The court held that the letter was not a court order, that a freeze lasting more than three years is not “temporary” under section 44(2)(k) of the Constitution, and that the freeze was null and void. The account was ordered unfrozen.
Without an ex parte order of court, neither the agency nor a bank can freeze, lien or place a Post No Debit on an account.
The court called the freeze “a gross and brazen violation of his fundamental right to own a property in Nigeria”.
A trader's company account received a foreign currency inflow and the bank placed a lien on it. The firm went to the Federal High Court with the transaction record laid out in full, and won judgment with ₦10 million in damages against a bank defended by Senior Advocate's chambers. With judgment in hand, the client controlled how the matter ended, and the restrained dollars came back.
Holding incoming foreign currency without lawful grounds carries a cost.
A judgment puts the client in the strongest position to close the matter on the client's priorities.
A dollar account was restricted after a correspondent banking query, with no proper suspicious transaction process behind it. The firm showed the court, step by step, where the bank's compliance process fell short of STR due process, and secured an order for a full refund plus damages.
A foreign correspondent's query does not excuse a local bank from its own legal duties.
Filing a suspicious transaction report does not give a bank power to hold funds indefinitely.
A corporate account was frozen on the back of international transfers that drew foreign law enforcement correspondence and FIU reporting. The firm traced every transaction, put the provenance before the court and obtained an order vacating the freeze.
Ledger trails and SWIFT messages assembled into evidence the court could rely on.
An ex parte freeze can and should be tested once the facts are before the court.
The contract required disputes to go to arbitration. The claimant went straight to court. The firm showed that the action was filed before the agreed dispute process had been followed, and the court struck the suit out for prematurity. The client was spared litigation it had contracted out of, and the parties were held to the process they had signed.
Where parties choose arbitration, a court will not let one side skip it.
An action filed before a condition precedent is met can be ended without a trial on the merits.
How one matter moved from an order that never named the client to funds back in the account. Select a step, or use the arrows.
Financial institutions have deep pockets, senior counsel and time. What they cannot outlast is a record they cannot dispute. GML builds that record first, puts it before the judge, and lets the bank choose how it ends.
Statements, SWIFT messages, the freezing order and its schedule, the bank's own letters. Every fact sourced, dated and exhibited before the first filing.
The firm goes to the court that can give the fastest binding relief, from the FCT High Court to the Federal High Court, and lets the bank's own documents make the case.
Judgment is enforced through contempt proceedings and the regulator. Faced with that record, banks often prefer the table to the courtroom.
When the facts are undeniable, a negotiated resolution becomes the bank's best option.
The firm negotiates from judgments and from records strong enough to win them. Terms stay confidential between the parties. What clients see is the result: their money back, and an institution that has learned the cost of acting without lawful authority.
Put your bank on noticeChoose who you are to see the work most relevant to you. Open any card to see how the firm starts.
Urgent applications to lift Post No Debit restrictions and hold banks liable for damages, and challenges to orders made without jurisdiction.
When a bank or agency delays obeying a judgment: Form 49 committal proceedings and regulatory escalation.
Forensic work to release high value transfers held at correspondent and clearing banks.
Counsel at interviews, on invitations and in forfeiture hearings, through to plea negotiation where it serves the client.
A recovery practice with a 99% success rate on debt recovery briefs, from demand letter to judgment.
Annual Business Risk Assessments, KYC/CDD/EDD frameworks, STR processes and AML training for institutions.
Evidential audits of ledger trails and ownership structures that prove where money came from.
Company formation and structuring, joint ventures, acquisitions and multi-party supply agreements.
Claims against banks, payment providers, airlines and service companies, here and through the UK complaint process.
Fast, coordinated response when a business faces raids, freezes, petitions or public allegations.
Recording and artist management agreements, entertainment consultancy and IP protection for founders.
Chartered mediation for commercial and banking disputes that are better settled than tried.
Answer four questions for a first read on your position and what to gather. It takes under a minute.
The firm's analysis on national television, in the press and in short practical notes.
The firm's Managing Partner appears on SOUQ News TV's Early Exchange as a guest legal analyst, taking complex law to a national audience in plain language.
Commentary on fraud typologies, regulatory action and enforcement for a national audience, delivered by the firm's Managing Partner as Legal & Financial Crime Analyst.
Procedural fairness across executive regulators and state institutions.
Short, practical guidance from the chambers. New notes are added as the law moves.
Ask in writing. Write to the branch and the bank's legal unit asking for the legal basis of the restriction and a copy of any court order. Keep the acknowledgement.
Do not sign anything new. Banks sometimes ask for indemnities or fresh KYC forms that concede facts. Take advice first.
Preserve the record. Download statements, alerts and emails now, before online access is limited.
Under section 34 of the EFCC Act an account is frozen through an application to court. In a matter the firm won at the FCT High Court, the court held that an agency letter “can never be a valid court order”.
Agencies sometimes obtain one order covering many accounts. Before acting, a bank should check that its customer is actually named. The Court of Appeal said so in GTB Plc v. Odeyemi Oluyinka Joshua (2021) LPELR-53173(CA).
Ask the bank for the schedule. If it cannot produce a certified page with your name, say so in writing.
Watch the dates. An unchallenged interim order lasts 14 days and, if renewed, three months at most. A freeze that has outlived its order is exposed.
Enrol and serve. Get the enrolled order and a certified true copy onto the bank's file, and keep proof of service.
Notice to show cause. A Form 49 notice requires the defaulting officer to explain why he should not be committed for disobeying the court.
Tell the regulator. The CBN's supervisory and consumer protection departments take non-compliance with court orders seriously when the record is laid out clearly.
An invitation is a request to assist an investigation. It is not a charge and not a finding of guilt.
Attend with counsel. You may have a lawyer present. Do not write or sign a statement before you understand the allegation.
Bring documents, not explanations. Contracts, invoices and statements tell your story better than an unprepared interview.
Ask the sender's bank for the MT103, the payment message, and the UETR, the unique reference that follows the payment through every bank on the route.
With both, counsel can find where the money stopped, which intermediary is holding it and what compliance question it needs answered.
A legal practitioner with over eight years in criminal litigation, financial disputes and high risk investigations. He founded Gaia & Montgomery Legal in 2019 after training in the chambers of Chief Chris Uche SAN, and leads the firm as primary investigator and case owner on its financial crime work.
The four names on every Gaia & Montgomery letterhead.
Leads the financial crime, risk and investigations practice. Counsel of record in the firm's banking freeze matters.
First Class graduate of the Nigerian Law School, in practice since 2012. Former State Counsel, Department of Public Prosecutions, Federal Ministry of Justice.
Partner in the Abuja chambers.
Associate in the Abuja chambers.
Matters go straight to the Managing Partner. A first evaluation is carried out in confidence before any retainer is signed.
Gaia & Montgomery Legal
E-Road, Citec Estate, Mbora
Abuja, Federal Capital Territory, Nigeria