Justice Gladys Olotu of the Federal High Court, Abuja, has ordered the Nigerian Army and First City Monument Bank to pay Major Akeem Oseni N416m in damages for wrongful conviction, denial of access to funds, and other violations.
The judgment, delivered on October 28, 2024, followed an application by Oseni to enforce his fundamental rights.
The case with suit no: FHC/ABJ/CS/1104/2021, was initiated on September 22, 2021.
Oseni had sought several reliefs, including declarations that the freezing of his bank account on the directive of the Nigerian Army, without a valid court order or adequate opportunity for defence, was unlawful.
He also challenged his alleged dehumanisation while in custody and the prolonged denial of access to his funds, describing the actions as clear violations of his constitutional rights.
The applicant argued that the actions of the respondents contravened sections 35, 36, 37, 41, 43, and 44 of the 1999 Constitution of Nigeria (as amended), as well as provisions of the Administration of Criminal Justice Act (ACJA) 2015 and the African Charter on Human and Peoples’ Rights.
Oseni had sued the Nigerian Army and the bank as first and second respondents respectively in a suit marked FHC/ABJ/CS/1104/2021, for placing his account on a post-no-debit from February 2020.
The applicant sought 13 reliefs which include: “A declaration that the act of the second respondent (FCMB) placing the personal account of the applicant domiciled at First City Monument Bank, with account number 2656152XXX on post-no-debit from February 2020, till date on the directives of the first respondent (Nigerian Army), without a valid court order, nor affording the applicant adequate time and facility to be heard, is illegal, wrongful, unlawful, and constitutes a blatant violation of the applicant’s fundamental rights to a fair hearing, the presumption of innocence, rights to own moveable and immovable property anywhere in Nigeria as enshrined in sections 36 (1), 36 (5), 43 and 44 of the 1999 Constitution of the Federal Republic of Nigeria as altered; sections 1 (1) and (2) of the Administration of Criminal Justice Act, 2015, and articles 2, 3 (2), 4 and 7 (2) of the African charter on human and peoples’ rights (Ratification and Enforcement) ACT Cap A9 laws of the Federation of Nigeria, 2004.”
Justice Olotu in his ruling held that the evidence before the court showed that respondents acted arbitrarily and over their powers in their dealings with the applicant.
Among others, the judge held that the first respondent usurped the power of the court to order a freezing of the account by instructing the second respondent to freeze the applicant’s account.
“Ironically, the applicant’s finance was not implicated in the investigation of the case of manslaughter against him. And the second respondent knowing better, either for fear of the first respondent or for reasons best known to it obeyed the first respondent’s instructions and froze the applicant’s account. Whatever angle their conducts are viewed from, they acted clearly outside their powers.
“They probably thought that they were above the law. But the principle of exemplary damages will now tell them and show them that they are not above the law and that the law is no respect for anyone who breaks it. It was a big stick which it used and will now use to correct the abusive and excessive tendencies of the respondents.
“The first respondent also acted more than its powers in dehumanising the applicant. The applicant claimed the sum of N2billion award, of general and exemplary damages, I award N100m as general damages and N300m as exemplary damages against the respondents jointly and severally in favour of the applicant,” Justice Olotu held.
