By Nicholas Bass
Defense Lawyer CE Mene appearing for Access Bank Gambia last Friday affirmed that Creed Energy Limited’s claim to freeze over D300 million at Access Bank Gambia is unlawful.
Appearing before Justice Ebrima Jaiteh of Banjul High Court, Lawyer Mene said that Creed Energy Limited’s Lawyer Sheriff Kumba Jobe for Creed Energy Limited’s application for D339,963,424.01 to be frozen at Access Bank Gambia was unlawful, noting that Creed Energy Limited do not own the account in dispute.
Lawyer Mene claimed that D339, 963,424.01 belongs to the second defendant APO GEE FZC based in Dubai.
Lawyer Mene pointed out that Creed Energy had an agreement with a Ghanaian Company, Ultimate Beige Limited to supply diesel into the Gambia but when they were unable to pay for its importation, APO GREE FZC financed the importation of the fuel into the country.
He noted that Creed Energy entered into another agreement with second defendant, APO GEE FZC to open an account with Access Bank Gambia noting that APO GEE is the sole signatory of the account that contains the money in dispute.
Lawyer Mene further stated that shortly after the account was opened, APO GEE FZC sent a letter to the first defendant, Access Bank giving notice of how the account in dispute would be run, stressing that Creed Energy Ltd never raised any reservation regarding the decision made by APO GEE FZC at that time.
Lawyer Mene argued that Creed deceitfully wanted to get hold of D339,969,424.01 held at Access Bank, noting that the said funds belonged to APO GEE FZC and it was the proceeds gained from the sale of diesel petroleum.
However, Lawyer Sheriff K. Jobe appearing for Creed Energy in his dismissal of the claims made by Lawyer Mene said that the account in dispute was a sub-account his client opened with APO GEE FZC at Access Gambia Limited, noting that his client was seeking for five million three hundred thousand Dalasis as damages cost from the total sum of money in dispute.
Lawyer Jobe pleaded with the court for an order to be issued for the account to be frozen pending the determination of the matter.
But defense lawyer Amie N.D. Bensouda appearing for APO GEE FZC submitted that there was no dispute that would suggest that the account belonged to Creed Energy Limited, noting that Creed in pretence wanted to take what did not belong to them.
She said that Lawyer Jobe’s application for the closure of the account was unlawful, noting that his intention was a calculated effort to deprive her client from enjoying the proceeds of the fuel.
Meanwhile, the court has dismissed the application of lawyer Omar D. Sambou for Creed Energy Limited for Gambia Revenue Authority to be added as second applicant in the suit filed against Access Bank Gambia.
Justice Jaiteh said that it was not proper to join GRA as a plaintiff in the suit, noting that based on conflicting claims with the plaintiff, Creed Energy ltd.
It can be recalled that Creed Energy Limited on 23 November 2023, seeked for an interlocutory injunction restraining Access Bank Gambia Limited and its directors ,officers, agents, servants, trustees , subsidiaries ,sister companies , related companies or otherwise any person natural or artificial within and outside The Gambia from giving access , allowing withdrawal , transfer of the sum of D339,963,424.01 to be transferred or credited into the account of Gambia Ultimate -Beige Logistics Company Limited .
The suit also revealed that such transfer should not be made to any person, natural or artificial or honoring any instructions demand or request to do or carry out any transaction in respect of or touching the said funds pending the hearing and determination of the substantive suit.
