Nomoles files a fundamental rights enforcement suit against First Bank

Nomoles files a fundamental rights enforcement suit against First Bank 

By: Our Reporter

Comrade Osakpamwan Eriyo, aka Nomoles, Chairman of the Road Transport Employers Association of Nigeria (RTEAN), Edo State Chapter, has filed a fundamental rights enforcement suit against First Bank of Nigeria Plc at the Edo State High Court in Benin City. The suit, seeking N2 billion in damages, alleges that the bank unlawfully froze his account without a court order, violating his constitutional right to own movable property.

In the originating motion, filed under Suit No. B/166/2025, Eriyo claims that First Bank restricted access to his account (No. 2046038403, titled “Road Transport Employers Association of Nigeria”) without legal justification, causing financial hardship and disrupting the operations of RTEAN’s Edo State Chapter. The action, brought pursuant to Sections 43 and 44(1) of the 1999 Constitution of Nigeria (as amended) and Article 14 of the African Charter on Human and Peoples’ Rights, accuses the bank of breaching his fundamental right to acquire and own property.

Eriyo’s affidavit, supported by exhibits, states that he discovered the account restriction while attempting to pay RTEAN staff salaries. He alleges that the bank’s action, taken without a court order, has caused “untold hardship” by preventing access to funds critical for the association’s daily activities. A letter dated June 4, 2025, from Eriyo’s counsel, Douglas Ogbankwa Esq., demanding the account be unfrozen, was acknowledged by First Bank, which promised a response but failed to follow through, according to the applicant.

The suit seeks multiple reliefs, including:

A declaration that the freezing of the account is unlawful and violates constitutional and African Charter provisions.

An order to immediately unfreeze the account.

A perpetual injunction restraining First Bank from further infringing on Eriyo’s rights.

N2 billion in general and exemplary damages, plus N450 million in additional exemplary damages.

20% monthly interest on the judgment sum until fully paid, and coverage of legal costs.

Eriyo’s legal team, led by Douglas Ogbankwa Esq. and Lucky Osemene Esq., argues that the bank’s actions lack legal backing and contravene established judicial precedents. Citing cases like Olagunju v. EFCC (2019) and GTB v. Adedamola (2019), they assert that freezing an account without a court order is unconstitutional. The written address emphasizes that the 1999 Constitution’s Sections 43 and 44 protect citizens’ rights to own property, and any restriction must follow due process. The case of Polaris Bank Ltd v. Yayamu Global Services Ltd (2021) is also referenced, reinforcing that banks must obtain court orders before freezing accounts suspected of unlawful transactions.

The suit highlights growing concerns over banks’ arbitrary restrictions on customer accounts, a practice that has drawn judicial scrutiny in Nigeria. Eriyo’s counsel argues that such actions undermine the constitutional protections enshrined in Chapter 4 of the 1999 Constitution and the Fundamental Rights (Enforcement Procedure) Rules 2009. 

The Edo State High Court is yet to assign a hearing date.