The plaintiff also wants the court to order the Nigerian Army to remove the Post No Debit (PND) placed on his account.
A N2billion suit has been slammed against the Nigerian Army and the First City Monument Bank (FCMB) by a Major in the service, Akeem Adeeogba Osenifor.
The Major accused Army and the bank of freezing his bank account and searching his house without a court order.
In the suit filed at the Federal High Court in Abuja, the army officer is praying the court to order the two respondents to pay him another sum of N16.6million being the amount allegedly carted away from his private apartment along with other valuable properties.
His counsel, Mike Ozekhome, SAN instituted the suit marked FHC/ABJ/CS/1104/2021, for the enforcement of his fundamental rights to own moveable and immovable property, right to dignity and right to a fair hearing.
The plaintiff also wants the court to order the Nigerian 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.
He 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 a valid court order.
In the grounds for the application, the plaintiff claimed that on February 23, 2017, one Major General I. M. Obot (Rtd), the Chief of Staff, Army Headquarters Garrison, allegedly informed him of a jailbreak 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.
The 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 to his family, he raised some cheques for withdrawal through one of his friends and that the cheques were dishonoured on the grounds that the Nigerian Army had allegedly through a letter placed a Post No Debit on his account.
He further contended that he committed no offence known to law to warrant the Nigeria Army placing restrictions on his bank account without any valid court order.
He urged the court to declare that the freezing of his account, searching of his house and his dehumanisation were illegal, unlawful and unconstitutional.