Military officer awarded N416 million in damages for wrongful conviction by Nigerian Army – Crime Channels
Military officer awarded N416 million in damages for wrongful conviction by Nigerian Army
In a landmark ruling, Justice Gladys Olotu of the Federal High Court, Abuja, has awarded Major Akeem Oseni N416 million in damages for wrongful conviction, denial of access to his funds, and various other violations of his fundamental rights.
The judgment, handed down on October 28, 2024, followed Oseni’s application to enforce his constitutional rights.
The case, registered as FHC/ABJ/CS/1104/2021, was filed on September 22, 2021, after Oseni challenged the actions of the Nigerian Army and First City Monument Bank (FCMB).
He sought several reliefs, including a declaration that the freezing of his personal bank account by FCMB, upon the Army’s directive, was unlawful. Oseni argued that this action, taken without a valid court order and without providing him an opportunity to defend himself, violated his constitutional rights.
The suit also highlighted the alleged dehumanization Oseni suffered while in custody, alongside the prolonged denial of access to his funds.
Oseni contended that these actions breached his rights as guaranteed by the Nigerian Constitution, the Administration of Criminal Justice Act (ACJA) 2015, and the African Charter on Human and Peoples’ Rights.
In his suit, Oseni sought 13 specific reliefs, including the assertion that the FCMB’s imposition of a post-no-debit order on his account since February 2020, under the Army’s instructions, was illegal.
He argued that this action infringed upon his right to a fair hearing, his presumption of innocence, and his right to own property as enshrined in the Nigerian Constitution and international human rights law.
Justice Olotu, in her ruling, found that the Nigerian Army and FCMB had acted beyond their authority. The court determined that the Army had improperly usurped judicial power by ordering the freezing of Oseni’s account, bypassing the necessary legal procedures. As a result, she awarded him N416 million in compensation for the violations he suffered.
Justice Olotu maintained that: “Ironically, the applicant’s finance was not implicated in the investigation of the case of manslaughter against him. And the second respondent knowing better, either for fear of the first respondent or for reasons best known to it obeyed the first respondent’s instructions and froze the applicant’s account. Whatever angle their conducts are viewed from, they acted clearly outside their powers.
“They probably thought that they were above the law. But the principle of exemplary damages will now tell them and show them that they are not above the law and that the law is no respect for anyone who breaks it. It was a big stick which it used and will now use to correct the abusive and excessive tendencies of the respondents.
“The first respondent also acted more than its powers in dehumanising the applicant. The applicant claimed the sum of N2billion award, of general and exemplary damages, I award N100m as general damages and N300m as exemplary damages against the respondents jointly and severally in favour of the applicant.”
