Opay Digital Service Limited has been dragged before a Federal High Court in Lagos by one of its customers, Moses King, 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 (King) filed the suit against Opay Digital Service Limited under the Fundamental Rights (Enforcement Procedure) Rules 2009, pursuant to Section 46(3) of the Constitution of the Federal Republic of Nigeria 1999.
The claimant’s suit, marked FHC/L/CS/178/2026, was filed by his lawyer, Barrister Olalekan Ogunbunmi. He is seeking several forms of relief against the fintech firm.
The reliefs sought by the claimant include: “a declaration that the unlawful and unauthorised freezing of the claimant’s account with account no: 8087652738, with Account Name: Moses King and Bank Name: Opay Digital Service Limited, from 17th September 2025 to 9th December 2025 without a court order or just cause, is illegal, wrongful, unlawful, and unconstitutional as it violates the claimant’s fundamental rights guaranteed under sections 43 and 44 of the 1999 Constitution of the Federal Republic of Nigeria.
“A declaration that the restriction placed on the claimant’s account with account no: 8087652738, with Account Name: Moses King and Bank Name: Opay Digital Service Limited, by the respondent from 17th September 2025 to 9th December 2025, which led to the death of the claimant’s 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.
A declaration that the respondent unlawfully held the Applicant’s sum of five hundred thousand naira (N500,000) from 17th September 2025 to 9th December 2025, which led to the death of the Applicant’s father, who had been hospitalised since 10th September 2025 and later died on 15th December 2025.
An order directing the respondent to issue a public apology to the applicant and publish it in two national newspapers, along with the payment of exemplary damages of N50 million for the unlawful freezing of his personal savings account without a court order, which resulted in inhumane treatment that contributed to his father’s death.
To establish that the online banking firm breached his rights, the applicant supports his suit with a 23-paragraph affidavit, wherein he averred: “that I am a trader and I have been carrying on my legitimate business and transacting with my personal account domiciled with Opay Digital Services with account No: 8087652738 for a very long time without controversy.
On 17th September 2025, I noticed I was unable to effect transactions on my personal savings account domiciled with the respondent. I immediately contacted my bank’s customer service (Opay Digital Service Limited) to report my inability to conduct transactions. After a check, the agent of Opay Digital Service Limited discovered that the Post No Debit/Lien had been placed on my account without a court order.
“The agent of Opay Digital Service Limited did not provide any reason for freezing my account, only telling me that the only way to access it was to provide a court order. On several occasions, I have visited the respondent’s agent to unfreeze my account or to disclose any court order justifying the freeze.
“I instructed my lawyer, O. O. Ogunbunmi Esq., of Petrichor Attorneys, to write to the respondent requesting the removal of the lien/PND from my account, or to provide a copy of any court order, if available. On 25th November 2025, I contacted the customer service via online support to request the reason for the restriction. The respondent’s agent stated there was no court order, but the restriction was based on a bank report.
“My personal savings account was restrained from 17th September 2025 to 9th December 2025 without any valid court order or cause. The restriction was based on a deposit of five hundred thousand naira (N500,000) into my account for my father’s hospital bills. The respondent unjustly placed a lien on my account, denying me access to my funds and preventing me from paying hospital bills.
“This inability to access my savings led to my father’s death because I could not deposit or pay for his hospital expenses due to the respondent’s lien.”
The applicant further averred: “that I am a law-abiding citizen and I have never committed any offence known to law warranting this unjust act by the Respondent without any valid court order. The transactions I conducted with my personal account are legitimate, and I have never engaged in any fraudulent dealings.
“The order placing PND on my account has caused me hardship, even to the extent of begging neighbours for food. I have never used my bank accounts or any other person’s account to commit fraud or engage in any illicit dealings with any financial institution.
“I respectfully urge this honourable court to grant this application so that my legitimate efforts to earn a livelihood are not unjustly hindered.”
The defendant, Opay Digital Service Limited, has yet to file any response despite being served with the applicant’s processes.
Meanwhile, Justice Daniel Osiagor has fixed March 2 for the hearing of this suit.
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