Hon. Justice A.M Ipaye of the Lagos High Court, has ordered a commercial bank to pay a student at the University of Lagos, Adekoye Adewale Oluwaseyi the sum of N50 million as damages for freezing his account for over two years.
Oluwaseyi had through his counsel, Oluwafunmilola Salami filed a N250 million suit against the bank over violation of his fundamental human rights. The trial judge ruled that the bank contravened the applicant’s constitutional right as enshrined under Section 44(1) of the Constitution.
The judge held that blocking the applicant’s access to the funds domiciled with it without a lawful court order cannot be condoned. The defendant (GTB) had on January 19, 2022 frozen the account of Oluwaseyi without being served any court paper from any law enforcement agency.
The applicant visited the bank’s branch in UNILAG to unravel the mysteries or reasons behind the placement of post-no-debit on his personal savings account, all to no avail.
A branch staff informed the applicant of a criminal complaint lodged against the account, adding that he would not access his funds until the investigations relating to the account were over.
The applicant commissioned private investigators, who informed him that a commercial bank complained about his personal savings account prompting the post-no-debit without prior lawful order of the court.
Counsel to the applicant, Salami in his claims argued that the bank breached, infringed and abused his client’s fundamental right to moveable property in gross violation of the sacred provisions of the 1999 Constitution.
Delivering judgment, Justice Ipaye held that the placement of a post-no-debit on the applicant’s account is a usurpation of his right to movable property, which is a gross contravention of Section 44(1) of the 1999 Constitution.
“This court is satisfied that the applicant having successfully established the violation of his fundamental human rights, is entitled to his claims and should be duly compensated for the two years long deprivation of the access to his account.
“A declaration is further made that the respondent has no authority, vires or justification to place post-no-debit, interfere, suspend, restrict, deny access and/or freeze the applicant’s account number 0434513490 since January 19, 2022, thereby restraining the applicant from accessing the account without first obtaining a lawful court order.
“An order of this court is hereby made directing the respondent to unfreeze, vacate suspension and/or post no debit order/instructions, grant access and remove all restrictions on the applicant’s account without further delay.
“An order is also made granting the applicant unconditional access to the account and funds in it without further delay,” the judge ruled.
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