Opay Digital Service Limited, one of the fintech mobile money firms operating in Nigeria, has been dragged before a Federal High Court, Lagos, by one of its numerous clients, over alleged unlawful freezing of his account.
The alleged illegal act, the applicant in the suit, Moses King, claimed to have led to his father’s death.
The applicant, King instituted the suit against Opay Digital Service Limited via a fundamental rights enforcement Procedure Rule 2009 which is pursuant to Section 46(3) of the Constitution of the Federal Republic of the NIGERIA 1999.
The applicant’s suit marked FHC/L/CS/178/2026, filed by his lawyer, Barrister Olalekan Ogunbunmi, is praying the court for some reliefs against the fintech firm.
The reliefs sought by the applicant includes: “a declaration that the unlawful and unauthorized freezing of the applicant’s account with account no: 8087652738 with Account Name: Moses King and Bank Name: Opay Digital Service Limited by the respondent from 17th of September, 2025 to 9th of December, 2025 without a court order or just cause is illegal, wrongful, unlawful, unconstitutional as it violates the applicants’ fundamental rights as guaranteed under section 43 and 44 of the 1999 constitution of the Federal Republic of Nigeria 1999.
“A declaration that the restriction placed on the applicant’s account with account no: 8087652738 with Account Name: Moses King and Bank Name: Opay Digital Service Limited by the respondent from 17th of September, 2025 to 9th of December, 2025 which led to the dead of the applicant’s father due to inability to have access to his personal savings account to pay the hospital bills of his father without a court order or just cause is illegal, wrongful, unlawful, unconstitutional as it violates the applicants’ fundamental rights as guaranteed under section 36 of the 1999 constitution of the Federal Republic of Nigeria 1999.
“A declaration that the action of Respondent unlawfully holding the applicant sum of N500,000, from 17th of September, 2025 to 9th of December, 2025, without any report or authority from any law enforcement agency for the purposes of the applicant’s father hospital bills, is illegal, wrongful, unlawful, and unconstitutional as it violates the applicants’ fundamental rights as guaranteed under section 34, 36, 43 and 44 of the 1999 constitution of the Federal Republic of Nigeria.
