In a significant ruling, Justice Gladys Olotu of the Federal High Court in Abuja awarded Major Akeem Oseni N416 million in damages for wrongful conviction, unlawful freezing of his bank account, and other violations of his fundamental rights.
The decision, issued on October 28, 2024, followed Oseni’s application to enforce his constitutional rights.
The case, identified as FHC/ABJ/CS/1104/2021, was filed on September 22, 2021, after Oseni challenged actions taken by the Nigerian Army and First City Monument Bank (FCMB).
His legal action sought various remedies, including a declaration that FCMB’s freezing of his personal bank account on the Army’s orders was unlawful.
Oseni contended that this was done without a valid court order and without offering him an opportunity to defend himself, thus violating his constitutional rights.
The suit also emphasized the mistreatment Oseni endured while in custody, as well as the prolonged denial of access to his funds.
Oseni argued that these actions infringed upon his rights under the Nigerian Constitution, the Administration of Criminal Justice Act (ACJA) 2015, and the African Charter on Human and Peoples’ Rights.
Among the 13 reliefs Oseni sought, one key request was for the court to declare the post-no-debit order imposed on his FCMB account since February 2020, under Army instructions, as illegal.
He asserted that this violated his right to a fair hearing, the presumption of innocence, and his right to own property.
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In her ruling, Justice Olotu concluded that both the Nigerian Army and FCMB had overstepped their authority.
She found that the Army had wrongly exercised judicial power by ordering the freezing of Oseni’s account, circumventing proper legal procedures. Consequently, Oseni was awarded N416 million in compensation for the violations he experienced.
Justice Olotu remarked that the freezing of Oseni’s account was particularly unjust, as his finances were not even implicated in the manslaughter investigation against him. She stated that FCMB had acted out of fear or for reasons unknown to the court, but regardless, they had clearly exceeded their legal powers.
The judge emphasized that the ruling aimed to send a message that no one, including the Army and FCMB, is above the law.
“The respondents likely believed they were beyond reproach,” Justice Olotu stated. “But this ruling shows them that the law applies to all.
“The principle of exemplary damages will serve as a correction for the abusive conduct of the respondents.”
She awarded N100 million in general damages and N300 million in exemplary damages, to be paid jointly and severally by the Nigerian Army and FCMB in favor of Oseni.
