Judiciary
..awards N500,000 to policy holder
A Court of Appeal sitting in Abuja has dismissed the appeal by AIICO Insurance Plc against a policy holder as it upheld the judgment of a High Court of the Federal Capital Territory given by Justice M.E. Anenih in Suit No. CV/225/20212 delivered on 25 February, 2014.
In a unanimous decision by the Court of Appeal in Abuja, Justice Peter Chudi Obiorah, who delivered the lead judgment, also awarded N500,000 in favour of the policy holder, Mr. Gboyega Bello, as cost of legal process, praising the Abuja High Court that had originally entertained the suit for “being alive to the hallowed duty to render justice to the parties fairly and keeping faith with the rule of court.”
AIICO Insurance’s appeal was statue bound and Justice Anenih had dismissed the preliminary objection of the Appellant challenging the jurisdiction of the court to entertain the suit under the undefended list.
By the judgement of Appeal Court in Abuja which held on Wednesday 15 May, 2024, AIICO Insurance Plc would also refund N1,226,000 being premium paid for a life insurance policy to Bello, including payment of interest at the rate of 10% per annum on the sum from 7 March, 2014 up until judgment is executed.
Justice Joseph Olubumi kayode Oyewole stated in his review of the judgment by the lead judge that he found no “justification to disturb the judgement of the lower court”, saying that he adopted the consequential order in the leading judgment.
Similarly, Justice Okon Efreti Abang, also of the Appeal Court in Abuja, stated in his review of the leading judgment by Justice Chudi Obiorah that he was in “agreement with the reasoning and conclusions made” by the justice and adopted it as his.
Justice Okon Efreti Abang added: “I agree that the appeal lacks merit and it is accordingly dismissed by me. I abide by the consequential order made by way of cost.”
An elated Mr Gboyega Bello said he was happy that the process was on to make AIICO Insurance Plc to eat the humble pie ultimately, saying he challenged the entity to try its luck at the Supreme Court.
Bello had, in February 2007, executed a 15year-life insurance Policy with AIICO Insurance Plc in its Abuja Office with the policy No 12025277. For three years, he paid premiums in the sum of N305,000.00 on 29 February, 2007, N307,000.00 on 28 February, 2008, N307,000.00 on 18 November, 2008 and N307,000.00 on 22 October, 2009, all amounting to a total of N1,226,000.00. However while surrendering the policy, he had, in three consecutive letters, requested AIICO Insurance Plc for a refund to which the company replied to once, stating that indeed Bello was indebted to AIICO Insurance Plc on an outstanding premium loan of N1,326,389.52 it secured on his behalf to fund the policy at the time he did not pay his premium.
Bello’s consent was never sought by AIICO Insurance Plc to secure a loan on his behalf.
“It was on this basis of clear injustice that I took AIICO Insurance Plc to court. I am happy I am vindicated,” Bello said.
Delivering her judgement in the case on February 13, 20014 in Abuja, Justice Anenih had said that under the policy Bello has the right to surrendering the said policy by notifying AIICO Insurance Plc in writing and the company was duty bound to refund his money. She noted that Bello had only failed to pay his premium for 2010 and as such that could not amount to the sum claimed by AIICO Insurance Plc as loan secured on behalf of the plaintiff.
A.
-June 04, 2024 @ 16:44 GMT|
Tags: AIICO Insurance Plc Justice Peter Chudi Obiorah Mr. Gboyega Bello
