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Full Court clears way for WIN MP to proceed with Scotiabank account closure lawsuit
(Kaieteur News) – The Full Court on Thursday cleared the way for Gobin Harbhajan, the We Invest in Nationhood (WIN) Member of Parliament (MP), to challenge Scotiabank over its closure of his bank account.
The Full Court, comprising of Justices Simone Morris and Hessaun Yasin, ordered that the matter be remitted to the High Court for consideration of Mr. Harbhajan’s case against Scotiabank and for determination of several substantive issues.
Member of Parliament, Gobin Harbhajan
The Court also ruled that Mr. Harbhajan was denied proper ventilation of disputed facts by the High Court.
These issues include whether Mr. Harbhajan was subjected to discrimination, whether he suffered reputational harm, and whether the termination of his bank account was influenced by his political association to the WIN party leader Azruddin Mohamed who is sanctioned by the United States.
Thursday’s decision allows for a full examination of the merits of the claims before the High Court. Harbhajan was represented by Attorney Darren Wade.
Last February, High Court judge Nicola Pierre ruled that Scotiabank’s decision to terminate Harbhajan’s the account was not amenable to public law review.
Harbhajan approached the court for relief after the bank terminated his account. Other banks had also closed accounts of WIN members due to their association with the U.S. sanctioned business man now Leader of the Opposition.
In his affidavit, Harbhajan said he received a letter dated August 7, 2025, informing him that the bank was discontinuing all banking services with him from September 6, 2025.
He approached the court seeking declarations that the WIN party remains a distinct entity from its individual members and that no sanctions had been imposed on the party or its other candidates. He also wanted the court to declare the bank’s actions were “unlawful, improper and discriminatory” and breached an overriding duty of good faith implicitly incorporated into the contractual relations.
Further, the WIN member wanted the court to declare that the bank breached trust and confidence and failed to comply with statutory regulatory requirements. He sought damages in excess of $100m.
He argued that no reason was given for the termination of the account while indicating it was because he became a WIN candidate and that the bank “closed the accounts of all WIN members”.
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