Justice Gladys Olotu of the Federal High Court in Abuja has mandated the Nigerian Army and First City Monument Bank to compensate Major Akeem Oseni with N416 million for wrongful conviction, restricted access to funds, and other infringements. The ruling, issued on October 28, 2024, came after Oseni filed a motion to uphold his fundamental rights.
The case, identified by suit number FHC/ABJ/CS/1104/2021, was launched on September 22, 2021.
Oseni requested various remedies, including a declaration that the freezing of his bank account, directed by the Nigerian Army without a legitimate court order or sufficient opportunity for defense, was unlawful.
He also contested the alleged mistreatment he faced while in custody and the extended denial of access to his funds, labeling these actions as clear violations of his constitutional rights.
The applicant contended that the respondents’ actions violated sections 35, 36, 37, 41, 43, and 44 of the 1999 Constitution of Nigeria (as amended), along with provisions of the Administration of Criminal Justice Act (ACJA) 2015 and the African Charter on Human and Peoples’ Rights.
Oseni sued the Nigerian Army and the bank as the first and second respondents, respectively, for placing his account on a post-no-debit status since February 2020. He sought 13 remedies, including a declaration that the second respondent (FCMB) unlawfully placed his personal account on post-no-debit on the orders of the first respondent (Nigerian Army) without a valid court order or adequate opportunity for the applicant to be heard, constituting a blatant violation of his fundamental rights to a fair hearing, presumption of innocence, and property ownership as outlined in sections 36 (1), 36 (5), 43, and 44 of the 1999 Constitution, 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.
In her ruling, Justice Olotu determined that the evidence presented indicated that the respondents acted beyond their authority in their interactions with the applicant. The judge noted that the first respondent overstepped its judicial powers by instructing the second respondent to freeze the applicant’s account.
“Interestingly, the applicant’s finances were not involved in the manslaughter investigation against him. The second respondent, either out of fear of the first respondent or for reasons known only to them, complied with the first respondent’s orders and froze the applicant’s account. Regardless of how their actions are perceived, they clearly acted beyond their authority.
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“They may have believed they were above the law. However, the principle of exemplary damages will now serve as a reminder that they are not above the law and that the law does not show favoritism to those who violate it. This ruling serves as a corrective measure against the abusive and excessive behaviors of the respondents.
“The first respondent also exceeded its authority in dehumanizing the applicant. While the applicant sought N2 billion in general and exemplary damages, I award N100 million as general damages and N300 million as exemplary damages against the respondents jointly and severally in favor of the applicant,” Justice Olotu stated.
