Facts:

The respondent is a businessman and runs two separate accounts with the appellant bank. A current account in the name of Al-Clement and the signatories to this account are the respondent and one Ugochukwu Unachukwu, also known as Uzoma Onuah. The second account is a fixed deposit account held under the personal name of the respondent and is the sole signatory to the fixed deposit account. The respondent entered into contracts to produce pupil identity cards for the Imo State Primary Education and Secondary Management Boards and was paid cheques twice in the sum of N3million and once in the sum of N10 million. The cheques were lodged into the respondent’s current account