By ONYEKACHUKWU MELUWA, Warri
Ughelli based human rights lawyer, Mr, Mackson Oruma Esq has dragged the Economic and Financial Crimes Commission (EFCC) and Access Bank Nigeria Plc to court demanding N100m for the alleged illegal arrest and detention of his client, Mr. Lucky Akpososo for two weeks.
The legal practitioner in Suit No: UHC/112/2020 filed before the Delta State High Court Ughelli Division is calling for the enforcement of his client who was unlawfully arrested and detained for two weeks at the EFCC Port-Harcourt facilty in Rivers State.
The victim, Akpososo was arrested on January 16, 2020 and was released on January 31, 2020 without committing any offence with a N200,000 bail.
Oruma in his court processes said that the employees of Access Bank Plc, Benin Branch allegedly used the personal information of Akpososo without his knowledge, consent and approval to commit financial crimes.
According to him, the incident led to the arrest and detention of his client who was later released after by the EFCC after a horrendous two weeks.
Oruma said Akpososo had earlier opened an account with the bank in Warri but did not operate for several years was arrested due to the account.
The learned counsel in the Suit said that the unlawful arrest and detention of his client violated his fundamental human rights to freedom from unlawful arrest and detention as guaranteed under Sections 34 (1), 35 (1), (4), (6) of the Constitution of the Federal Republic of Nigeria,1999 (As Amended).
He added that for Access Bank employees to use the personal details of his client to open a bank account in Benin without the knowledge, consent and approval of his client by employees of Access Bank Plc also violated the right to privacy of his client as guaranteed under under Section 37 of the Constitution of the Federal Republic of Nigeria,1999 (As Amended).
The counsel is praying the Court amongst others for,”The sum N100,000,000 (One hundred million naira) only against the Respondents jointly and severally as damages for the unlawful arrest, detention of the Applicant by the 1st Respondent on account of the criminal acts of the servants, agents and employees of the 2nd Respondent who used the name, personal details and information of the Applicant to open a bank account which led to the arrest and detention of the Applicant from 16th to 31st January 2020 without committing any offence.
“The sum of N50,000,000 (Fifty Million Naira) only against the 2nd Respondent as aggravated damages for the unlawful arrest and detention of the Applicant on account of the criminal acts of the servants, agents and/ employees of the 2nd Respondent who used the name, personal details and information of the Applicant while acting in their official capacity to open an account in a Benin Branch of the 2nd Respondent without the knowledge , consent of the Applicant, which bank account was used by the said servants , agents and/ or employees of the 2nd Respondent to commit crimes which led to the arrest and detention of the Applicant at the office of the 1st Respondent from 16th to 31st January,2020.”