One Major, Akeem Aderogba Oseni has slammed a N2billion suit against the Nigerian Army and First City Monument Bank (FCMB) over violation of his fundamental rights.
The suit marked FHC/ABJ/CS/1104/2021, dated September 13, 2021, was filed on behalf of Oseni by Chief Mike Ozekhome SAN.
The applicant approached the court to challenge the post-no-debit placed on his account by FCMB on the directive of the Nigerian Army without a valid court order since 2020 till date.
He wants the court to declare that the act of FCMB placing his personal account with account number: 2656152013 on a post-no-debit from February 2020, till date on directives of the Nigerian Army, without a valid court order nor affording him adequate time and facility to be heard is illegal, wrongful, unlawful and constitutes a blatant violation of his fundamental rights to fair hearing, presumption of innocence, right to own moveable and immoveable 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.
Besides, the applicant is praying the court for an order directing FCMB to release his account from post-no-debit forthwith.
He wants an order of court directing the 1st and 2nd Respondents to pay to the applicant the sum of N2,000,000,000.00 (two billion naira) only as general and exemplary damages for the wanton and grave violation of the Applicant’s rights without following the due process of law.
He prays for an order directing the 1st Respondent to pay to the Applicant the sum of sixteen million, six hundred. and fifty thousand naira (N16,650,000.00) only being the sum of ten million, one hundred thousand naira (N10,100,000,00) cash carted away from the Applicant’s private apartment, and the monetary value of the following items: (iPhone 11 pro, apple watch series 5, cz smart citizen watch, 2x aviator series watch, aviator sunglass, gold necklace and ring) valued at the sum of six million five hundred and fifty thousand naira (N6,550,000.00) only, without a warrant by the operatives of the 1st Respondent.
Major Oseni is further seeking an order of court directing FCMB to tender a public apology to him in at least three national dailies for the blatant violation of his fundamental rights without following all necessary due process of law.
In addition, he wants an order of perpetual injunction restraining the Respondents whether by themselves, agents, employees, operatives, detectives, servants, directives, privies and investigating officer(s), or however and by whatever name called, from further putting the bank account of the Applicant on post-no-debit (PND) without resorting to the necessary legal procedure put in place for the appropriate authorities to put the bank account on a post-no-debit in line with the provisions of sections 43 and 44 of the Constitution of the Federal Republic of Nigeria, 1999, as altered, on the basis of the facts and circumstances of this matter.
Among other reliefs, the applicant wants the court to declare that the dehumanization of the applicant by the operatives of the Nigerian Army while in their custody for period of 10 months is illegal, wrongful, unlawful and constitute a blatant violation of his fundamental rights as enshrined in sections 35 (1), (3), (4), 37 and 41 (1) of the 1999 Constitution of the Federal Republic of Nigeria as altered, sections 1 (1), (2) and 30 (1), (2), 32 (1) (2) and (3) of the Administration of Criminal Justice Act, 2015, and articles 6 and 12 of the African charter on human and peoples’ rights ratification and enforcement) act cap A9 laws of the federation of Nigeria, 2004.
