Our bank account is not government property

By OLUSOJI DAOMI

There is a quiet fear that lives in the mind of many Nigerians today.

You wake up one morning.

You try to transfer money.

The app refuses.

You walk into the bank.

They tell you, “Your account has been restricted.”

No prior notice.

No court summons.

No explanation.

Just silence… and sudden financial paralysis.

For many, that moment feels like the end of control over their own life. Rent is due. Business is on hold. School fees are hanging. And yet, somewhere in the background, an unseen hand has locked access to your own money.

But a recent court decision has sent a clear message, one that every Nigerian must understand.

Your bank account is not a playground for arbitrary power.

In Suit No. PHC/331/CS/2023, between Okpako Uzoazokaro Helen and Guaranty Trust Bank Limited, First Bank of Nigeria Limited, and the Nigeria Security and Civil Defence Corps, the High Court was invited to answer a simple but profound question: can a person’s bank account be frozen without lawful authority?

The answer, delivered with judicial clarity, was no.

The facts, as revealed before the court, read like a familiar Nigerian story. A petition is written. Allegations are made. A security agency swings into action. Banks, anxious not to fall foul of authority, comply. And the citizen, often unaware of the legal intricacies, becomes the casualty.

In this case, the Nigeria Security and Civil Defence Corps, acting on a petition reportedly written by a former partner of the claimant, moved swiftly. An ex parte order was obtained from a Magistrate Court. The banks were served. The accounts were restricted.

But here is where law parts ways with assumption.

Not every court order is valid simply because it carries a stamp.

And no authority, however powerful, is above the law.

The High Court examined the so-called ex parte order and found it wanting, fundamentally defective, legally incompetent, and ultimately a nullity. The Magistrate Court, His Lordship held, lacked the jurisdiction to make such an order in the first place. And in law, when a court acts without jurisdiction, its decision is not merely irregular. It is void. It is as though it never existed.

The implications are far-reaching.

A null order confers no rights.

It imposes no duties.

It commands no obedience.

In other words, the banks were under no legal obligation to act on it.

But they did.

And that is where another layer of legal education emerges for the Nigerian public.

Banks are not just financial institutions. They are also custodians of trust. When they receive directives affecting customers’ accounts, the law expects them to act cautiously, not mechanically. Compliance must be grounded in legality, not fear.

The court went further. It addressed a technical issue that many Nigerians often overlook but which carries significant legal weight. The entities referred to in the defective order as “GTB” and “FBN” were described without their proper corporate identities. In law, that is not a trivial mistake.

A company derives its legal personality from its incorporation. It is “Guaranty Trust Bank Limited” or “First Bank of Nigeria Limited” that the law recognizes, not abbreviations or informal names. Legal proceedings are not conducted in street language. Precision matters. Identity matters.

Then came perhaps the most troubling aspect of the case.

The conduct of the investigating authority.

Evidence before the court showed that the Nigeria Security and Civil Defence Corps did not obtain statements from the nominal complainant or any independent witness. The process, which should have been investigative, appeared impulsive. The account was reportedly frozen even before the petition received formal approval for investigation.

If established, such conduct raises serious questions, not just about procedure, but about discipline within enforcement institutions.

Let us be clear.

Nigeria is a country battling fraud, cybercrime, and financial misconduct. Law enforcement agencies have a duty to act. But that duty is not a licence for arbitrariness. Power must operate within the boundaries of law. Once it crosses that boundary, it ceases to be authority and becomes abuse.

This is where the Constitution quietly but firmly intervenes.

Section 36 guarantees fair hearing.

Section 44 protects property rights.

Money in a bank account is not abstract. It is property. It is livelihood. It is survival.

To freeze that account without lawful justification is to interfere with a citizen’s constitutional rights.

The court’s decision, therefore, is not just a victory for one individual. It is a reaffirmation of a principle: that in Nigeria, even power must bow to law.

But what lessons should ordinary Nigerians take from this?

First, do not assume that every restriction on your account is automatically lawful. Ask questions. Demand to see the order. Verify its origin.

Second, understand that not all security agencies have the same scope of authority. Financial crimes, for instance, are typically within the purview of agencies like the police or the Economic and Financial Crimes Commission. Jurisdiction is not a decorative concept in law. It is foundational.

Third, know that ex parte orders, those obtained without hearing the other side, are meant to be used cautiously and within strict legal limits. They are not tools for harassment or personal vendetta.

Fourth, remember that the law provides remedies. A person whose account is unlawfully frozen is not helpless. The courts remain open.

This case also sends a message to institutions, banks and enforcement agencies alike.

Due process is not optional.

Legal scrutiny is not an inconvenience.

Compliance without verification can lead to liability.

For too long, many Nigerians have lived with the quiet assumption that once a powerful institution acts, resistance is futile. But cases like this remind us that the rule of law is not theoretical. It is practical. It is enforceable.

It may take time.

It may demand patience.

But when properly invoked, it speaks with authority.

And when it speaks, it reminds everyone, citizen and institution alike, that Nigeria is governed not by impulse, but by law.

In the end, the deeper lesson is simple.

Your account is your property.

Your rights are not decorative.

And no authority, however powerful, is above the law.

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