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Court Orders Bank, Army To Pay Jailed Soldier ₦400m For Placing PND
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Nov 24, 2024
Court Orders Bank, Army To Pay Jailed Soldier ₦400m For Placing PND https://osazuwaakonedo.news/court-orders-bank-army-to-pay-jailed-soldier-%e2%82%a6400m-for-placing-pnd/23/11/2024/ #Law #Adorogba #Akeem #army #Bank #FCMB #news #Oseni ©November 23rd, 2024 ®November 23, 2024 8:39 pm Federal High Court in Abuja has ordered First City Monument Bank, FCMB and Nigerian Army to jointly pay the sum of ₦416,650,000 as damages for conspiring together and illegally placed Post-No-Debit, PND without valid court order on the account of a bank customer, Major Akeem Adorogba Oseni who was sentenced to 10 years imprisonment for Manslaughter. #OsazuwaAkonedo
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Federal high court in Abuja has ordered
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first city Monument bank fcmb and
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Nigerian Army to jointly pay the sum of
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46,6 15,000 niras as damages for
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conspiring together and illegally placed
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post no debit P andd without valid court
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order on the account of a bank customer
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major Akim adura oeni who was sentenced
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to 10 years imprisonment for mon
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Slaughter the court in its ruling noted
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that fcmb may have acted out of fear of
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the Nigerian Army but the court ordered
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both fcmb and the Nigerian Army to
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jointly pay the sum of 100 million
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nairas as general damage and 300 million
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nairas as exemplary damages as a
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deterrent to the bank and the military
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institution that none of them is above
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the law or have the right to user the
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powers of a law court or deny a bank
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customer the fundamental right to own
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immovable and immovable property
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anywhere in Nigeria as enshrined in the
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Constitution
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it would be recalled that the Nigerian
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army officer major Akim adura oeni in
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2020 was convicted by a general court
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Marshal in Abuja and thereafter he
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escaped from Court premises and was
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later apprehended in Benin Republic at
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the kutu international airport around
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meor oeni was one of three Army
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Personnel jailed in February 2020 for 10
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years over the death of a lance corporal
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Benjamin Collins some soldiers were
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detained and were quized by the Army
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Headquarters Garrison in relation to how
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oseni escaped in the first instance but
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court of appeal letter set oeni free
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from the manslaughter conviction Justice
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JK oloto of the federal high court in
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Abuja gave the order in a judgment
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delivered on October 28th and whose
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certified true copy was made available
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online by family and friends of major
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oeni according to the court document the
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applicant meor oeni had sued the
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Nigerian Army and first city Monument
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Bank as first and second respondents
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respectively in ass suit mark fhc AJ CS
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1104 2021 for placing his account on a
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post no debit from February
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2020 the applicant had in a fundamental
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human rights suit dated September 13th
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2021 and filed on September 22nd 2021
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sub3 reliefs among which are a
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declaration that the act of the second
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respondent fcmb placing the personal
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account of the applicant domiciled at
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first city Monument bank with account
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number 26561 52013 on post no debit from
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February 20120 till that on the
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directives of the first respondent
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Nigerian Army without a valid court
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order now affording the applicant
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adequate time and facility to be held is
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illegal wrongful unlawful and
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constitutes a blatant violation of the
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applicants fundamental rights to a fair
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hearing the presumption of innocence
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rights to unmovable and immovable
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property anywhere in Nigeria as
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enshrined in sections 36 136 5 43 and 44
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of the 1999 constitution of the federal
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republic of Nigeria as altered sections
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1 one and 2 of the administration of
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Criminal Justice act 2015 and articles 2
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3 2 4 and 7 two of the African Charter
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on human and people's rights
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ratification and Enforcement Act A9 laws
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of the Federation of Nigeria
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2004 a declaration that the
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dehumanization of the applicant by the
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operatives of the first respondent while
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in their custody for 10 months is
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illegal wrongful unlawful and
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constitutes a blatant violation of his
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fundamental human rights as enshrined in
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sections 35 1 3 437 and 411 of the 1999
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constitution of the federal republic of
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Nigeria has altered sections 1 1 2 and
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31
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232 1 2 and 3 of the administration of
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Criminal Justice act 2015 and articles 6
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and 12 of the African Charter on human
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and people's rights ratification and
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enforcement at A9 laws of the Federation
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of Nigeria 2004 for a declaration that
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the continuous denial of the applicant
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access to his funds is a blatant
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disregard of his constitutional
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provision to own movable and immovable
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property as there was no c order granted
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to that regard therefore illegal
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wrongful unlawful and constitutes a
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blatant violation of the applicants
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fundamental rights as enshrined in
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sections 35
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13411 and 43 of the 1999 Constitution of
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the federal republic of Nigeria has
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altered and sections 1 2 and 31 2 3 2 1
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2 3 2 1 2 and 3 of the administration of
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Criminal Justice act 2015 and articles 6
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and 12 of the African chter on human and
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people's rights ratification and
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enforcement at A9 laws of the Federation
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of Nigeria 2004 among others
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the applicant's account was placed on
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pnd following the manslaughter
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investigation that allegedly took place
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in his office the applicant who was a
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filled officer the week and attempted
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jailbreak ordred was asked alongside
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other officers to take out the soldier
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drill and relocate him to a separate
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Detention Facility within the
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cantonement the soldier was afterwards
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handed over to the applicants to Drew
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frog jump forward role and councel which
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he did as instructed later that day the
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applicant was told that the soldier was
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struggling with his leg cough he was
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rushed to the defense medical
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headquarters where he was confirmed dead
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after arrival the applicant was Court
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marshalled by the Army and pronounced
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guilty of manslaughter thereafter
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sentenced to 10 years in prison the
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court of appeal however discharged and
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acquitted the applicant in a landmark
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Appeal on October 1st 2022 and he was
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released from kuj Correctional Center on
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November 1st
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2022 upon his imprisonment his account
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was placed on pnd restraining him from
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accessing money for his family according
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to punch newspaper the court in its
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judgment according to the copy made
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available as news item held that the
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evidence before the court shows that
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respondents acted arbitrarily and over
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their powers in their dealings with the
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applicant particularly in these respects
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the joint action of the respondents to
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place the personal account of the
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applicant on a post no debit since
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February 2020 to dat without a valid
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court order or affording the applicant
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the right to be held as constitutionally
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guaranteed the action of the first
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respondent to conduct a search in a GLE
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Manner and remove cash and valuables
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from the applicant's private apartment
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without a valid search warrant
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the dehumanizing treatment of placing
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the applicant on handcuff and L chain
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while in the custody of the first
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respondent before the confirmation of
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his sentence by the Army Council failure
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of the first respondent to Grant Bill to
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the applicant within 24 hours or 48
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Hours of his arrest detention pending
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confirmation of his sentence by the Army
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Council Justice olot therefore ruled
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that the first and second respondents
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ConEd and conspired to illegally freeze
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the applicant's account the first
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respondent used the power of the court
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to order a freezing of the account by
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instructing the second respondent to
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freeze the applicant's account
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ironically the applicant's finance was
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not implicated in the investigation of
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the case of manslaughter against him and
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the second respondent knowing better
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either for fear of the first respondent
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or for reasons best known to it obeyed
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the first respondent's instructions and
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froze the applicant
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account whatever angle their conducts
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are viewed from they acted clearly
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outside their powers the probably
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thought that they were above the law but
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the principle of exemplary damages will
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now tell them and show them that they
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are not above the law and that the law
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has no respect for anyone who breaks it
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it was a big stin which it used and will
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now use to correct the abusive and
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excessive Tendencies of the respondents
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the first respondent also acted more
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than its powers in dehumanizing the
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applicant the applicant claimed the sum
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of 2 billion niras Award of general and
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exemplary damages I award 100 million
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nairas as general damages and 300
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million niras as exemplary damages
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against the respondents jointly and
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severally in favor of the applicant
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Justice Al to
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H are bringing you needs in a more our
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win
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