A jailed Major, Akeem Oseni, has filed a N2 billion suit against the Nigeria Army and First City Monument Bank (FCMB) for allegedly freezing his account and searching his house without a court order.
The suit marked: FHC/ABJ/CS/1104/2021, was filed by his lawyer Mr Mike Ozekhome, SAN, for the enforcement of his fundamental rights to own moveable and immovable property, right to dignity and right to fair hearing.
The suit was filed at the Federal High Court, Abuja. Oseni prayed the court to order the Army and the bank to pay him N16.6 million; an amount he alleged was taken from his private residence along with other valuables. Also, he prayed the court to order the Nigerian Army to remove the Post “No Debit” placed on his account.
Further, the Major asked the court to compel FCMB to tender a public apology to him in at least three national dailies for the violation of his fundamental rights without following due process.
The plaintiff also applied for an order of perpetual injunction restraining the respondents; their agents, employees, operatives, detectives, servants and privies and investigating officers; from further putting his bank on Post No Debit without a valid court order.
Stating the grounds for the application, Oseni claimed that on February 23, 2017; one Maj- Gen I. M. Obot (Rtd), Chief of Staff, Army Headquarters Garrison; allegedly informed him of a jail break involving one Lance Corporal, Benjamin Collins. He alleged that he was instructed along with three others to drill the corporal and relocate him to another detention facility.
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He averred that in obedience to the instruction; he and the three other officers drilled the corporal and that in the process, the corporal died. Thereafter, the jailed Major stated that he was put on military trial and was sentenced to 10 years imprisonment; which he is currently serving. Additionally, he disclosed that the other three officers who participated in the drilling of the deceased corporal were discharged and acquitted.
He held that in his bid to cater for his family; he raised some cheques for withdrawal through one of his friends, but the cheques were dishonoured on grounds that the Nigerian Army had freezed his account.
Further, he contended that the freezing of his account and searching of his house without a court order; as well as his subsequent dehumanization by the Army was illegal and unlawful; adding that it constituted a violation of his fundamental rights as enshrined in Section 36, 43 and 44 of the 1999 Constitution.
He prayed the court to declare that the freezing of his account, searching of his house; as well as his dehumanization was illegal, unlawful and unconstitutional.
No date has however, been fixed for hearing of the suit.