A Federal High Court in Abuja has ruled that the Nigerian Army and First City Monument Bank (FCMB) must pay a total of N416 million in damages to Major Akeem Oseni for wrongful conviction, denial of access to funds, and other constitutional violations.
Justice Gladys Olotu delivered the judgment on October 28, 2024, following an application filed by Oseni to enforce his fundamental rights.
The case, numbered FHC/ABJ/CS/1104/2021, was initiated by Oseni on September 22, 2021.
Oseni sought several declarations, including that the freezing of his bank account by FCMB, on the directive of the Nigerian Army, was unlawful as it was done without a valid court order or due process. He also argued that his prolonged detention, dehumanization, and the continued denial of access to his funds violated his constitutional rights.
The applicant contended that the actions of the Nigerian Army and FCMB infringed on sections 35, 36, 37, 41, 43, and 44 of the 1999 Constitution of Nigeria, the Administration of Criminal Justice Act (ACJA) 2015, and the African Charter on Human and Peoples’ Rights.
The case stemmed from the Army’s directive to FCMB to freeze Oseni’s account in February 2020, without a court order. Oseni sought 13 reliefs, including a declaration that the bank’s actions, in obeying the Army’s orders, were illegal and violated his fundamental rights.
In her ruling, Justice Olotu found that both the Nigerian Army and FCMB acted beyond their authority in freezing Oseni’s account.
The judge noted that Oseni’s finances were unrelated to the criminal charges of manslaughter against him, and despite this, the Army’s actions led to the unlawful freezing of his account.
Justice Olotu also condemned the dehumanizing treatment Oseni endured and highlighted that the respondents acted as though they were above the law.
She awarded Oseni N100 million in general damages and N300 million in exemplary damages, totalling N416 million.
The judge emphasized that the ruling was aimed at correcting the abusive and excessive actions of the respondents, reaffirming that no one is above the law.
