Court stops FG from taking over N200 billion unclaimed dividends

In the Finance Act 2020 signed into law last February by President Muhammadu Buhari, the Federal Government said that any unclaimed dividends of a public limited liability company quoted on the Nigerian Exchange Limited (NGX) and any unutilised amounts in a dormant bank account maintained in or by a deposit money bank, which has remained unclaimed or unutilised for a period of not less than six years from the date of declaring the dividend or domiciling the funds in a bank account, shall be transferred immediately to Unclaimed Funds Trust Fund.

The chairman of PWSA, Mr. Simon Emokeraro, said the shareholders were seeking "an Order of the Honourable Court for the enforcement of the applicants' fundamental rights to acquire and own immoveable and moveable personal property; an order restraining the federal government, that is, the Respondents, from calling for or transferring the unclaimed dividends of the Applicants in public quoted companies to the Unclaimed Funds Trust Fund; an order restraining the Respondents from harassing, intimidating, inviting the companies or their Registrars for the purpose of transferring the unclaimed dividends belonging to the applicants to the Unclaimed Funds Trust Fund contrary to the Constitution of the Federal Republic of Nigeria 1999 (as amended), the African Charter on Human and People's Rights Act, Laws of the Federation.

"Others are: an order of the Honourable Court restraining the Respondents from borrowing the unclaimed dividends belonging to the applicants; a declaration by the Honourable Court that the applicants have rights guaranteed and protected under sections 43 & 44 of the Constitution of the Federal Republic of Nigeria, Articles 14 and 24 of the African Charter on Human and People's Rights and Article 17 of the United Nation's Charter on Human Rights 1945 and sections 42 (1) and (2) of the Companies and Allied Matters Act; a declaration of the Honourable Court that Part XV of the Finance Act 2020 calling for or transferring the unclaimed dividends of the applicants in public quoted companies to Unclaimed Funds Trust Fund by the respondents without any constitutional grounds is unconstitutional, null and void and of no moment as it violates the applicants fundamental rights; and a declaration of the Honourable Court that the applicants are entitled to claim their dividends without coercion, stampede, and intimidation from the respondents.ÔÇØ