Moses King, a customer with Opay Digital Service Limited, has dragged the fintech mobile money firm before the Federal High Court in Lagos over the alleged unlawful freezing of his account.
King, who is demanding N50 million as exemplary damages, claimed that Opay’s alleged illegal act caused his father’s death.
The claimant filed the suit against Opay under the Fundamental Rights (Enforcement Procedure) Rules 2009, pursuant to Section 46(3) of the Constitution of the Federal Republic of Nigeria 1999.
The suit, marked FHC/L/CS/178/2026, sought a declaration that the unlawful and unauthorised freezing of his account with No: 8087652738, with the name: Moses King and bank name: Opay Digital Service Limited, from September 17, 2025 to December 9, 2025 without a court order or just cause, is illegal, wrongful, unlawful, and unconstitutional as it violates the his fundamental rights guaranteed under sections 43 and 44 of the 1999 Constitution of the Federal Republic of Nigeria.
He is also asking the court for a declaration that the restriction placed on his account, which led to the death of the his father due to his inability to access his personal savings account to pay hospital bills without a court order or just cause, is illegal, wrongful, unlawful, and unconstitutional, violating the claimant’s fundamental rights guaranteed under section 36 of the 1999 constitution of the Federal Republic of Nigeria.
The claimant’s further sought a declaration that the respondent’s unlawful holding of the his sum of N500,000, without any report or authority from law enforcement for the purpose of paying hospital bills, is illegal, wrongful, unlawful, and unconstitutional, infringing on the his fundamental rights as guaranteed under sections 34, 36, 43, and 44 of the 1999 Constitution of Nigeria.
King also urged the court for an order directing the respondent to issue a public apology in two national newspapers and pay N50 million in exemplary damages for unlawfully freezing the Applicant’s savings account without court approval, leading to inhumane treatment that contributed to his father’s death.
To prove the online banking firm violated his rights, the applicant supports his case with a 23-paragraph affidavit stating, On September 17, 2025, I discovered I could not conduct transactions on my savings account. I contacted Opay Digital Service Limited’s customer service, which found a Post No Debit/Lien on my account without court authorization.
“The bank agent did not explain why my account was frozen, merely stating that access required a court order. I have visited the bank several times to unfreeze my account or to confirm whether there is a court order.
“My lawyer, O. O. Ogunbunmi Esq. of Petrichor Attorneys, wrote to the respondent requesting the removal of the lien or a copy of any court order. On November 25, 2025, I contacted customer support again, and they confirmed that no court order existed and that the freeze was due to a bank report.
“My account was restrained from September 17, 2025, to December 9, 2025, without valid court approval or cause, solely based on a N500,000 deposit for my father’s hospital bills. The respondent unjustly froze my account, denying access to my funds and preventing me from paying hospital bills.
“This lack of access contributed to my father’s death, as I could not fund his medical expenses due to the lien.
“I am a law-abiding citizen with no criminal record, and I have never engaged in fraudulent or unlawful activity. The PND order has caused me hardship, even forcing me to beg for food from neighbours. I have never used any bank accounts for illegal dealings.
The defendant, Opay Digital Service Limited, has not yet responded despite being served.
Justice Daniel Osiagor has fixed March 2 for the hearing of the case.
