A convicted Major in the Nigeria Army, Akeem Adeeogba Oseni, has seek the protection of court to get justice over unlawful freezing of his bank account with First City Monument Bank (FCMB), and the search of his house without search warrant.
Major Oseni instituted the charges at the Federal High Court in Abuja, through his counsel a Senior Advocate of Nigeria, Chief Mike Ozekhome.
The Army officer in the suit marked: FHC/ABJ/CS/1104/2021 is praying the court to order the two respondents to pay him another sum of about seventeen million naira being amount allegedly carted away from his private apartment along with other valuable properties.
He wants the court to order the Nigeria Army to remove the Post No Debit (PND) placed on his account and another order compelling FCMB to tender a public apology to him in at least three national dailies for the blatant violation of his fundamental rights without following the due process of the law.
Besides, the Army officer 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 PND without valid court order.
On the grounds for the application, the plaintiff claimed that on February 23, 2017, one Major General I. M. Obot (Rtd), Chief of Staff, Army Headquarters Garrison, allegedly informed him of a jail break involving one Lance Corporal, Benjamin Collins and that he was instructed along with three others to drill the Corporal and relocate him to another detention facility.
He averred that in obedience to the instruction, he and the other three officers drilled the Corporal and that in the process the Corporal died.
Plaintiff further stated that he was put into military trial and was sentenced to 10 years imprisonment which he is still serving while the other three officers who allegedly participated in the drilling of the deceased Corporal were discharged and acquitted.
He averred that in his bid to cater for his family, he raised some cheques for withdrawal through one of his friends and that the cheques were dishonoured on the grounds that the Nigeria Army had through a letter allegedly placed a Post No Debit on his account.
He further contended that he committed no offense known to law to warrant the Nigeria Army to place restrictions on his bank account without any valid court order.
Plaintiff further averred that freezing of his account and searching of his apartment without court order and his subsequent dehumanization by the two respondents is illegal, wrongful, unlawful and constitutes a blatant violation of his fundamental rights as enshrined in section 36, 43 and 44 of the 1999 Constitution as amended.
He therefore prayed the court to declare that freezing of his account, searching of his house and his dehumanization was illegal, unlawful and unconstitutional.
