Opay Faces ₦50m Fundamental Rights Suit Over Alleged Illegal Account Restriction

A Lagos-based trader, Moses King, has dragged fintech company, Opay Digital Services Limited before the Federal High Court in Lagos, seeking ₦50 million in damages over the alleged unlawful freezing of his bank account.


King, who instituted the suit under the Fundamental Rights (Enforcement Procedure) Rules, 2009, claimed that the restriction placed on his Opay account prevented him from accessing funds needed to pay his father’s hospital bills, an action he alleged ultimately led to his father’s death.


The suit, marked FHC/L/CS/178/2026, was filed pursuant to Section 46(3) of the 1999 Constitution (as amended) and was brought by his counsel, Olalekan Ogunbunmi.


In the originating processes, King is asking the court to declare that the freezing of his Opay savings account, Account No: 8087652738, between September 17 and December 9, 2025, without a court order or lawful justification, was illegal, unconstitutional, and a violation of his fundamental rights to property and fair hearing as guaranteed under Sections 36, 43, and 44 of the Constitution.


The applicant further contended that the restriction on his account, which allegedly held ₦500,000, made it impossible for him to settle hospital bills for his father, who was admitted on September 10, 2025, and later died on December 15, 2025.


Among the reliefs sought is a declaration that the alleged unlawful restriction amounted to inhuman and degrading treatment, an order compelling Opay to issue a public apology in two national newspapers, and an award of ₦50 million as exemplary damages.


To support his claims, King filed a 23-paragraph affidavit, stating that he had operated his Opay account for a long period without incident and only became aware of the restriction on September 17, 2025, when he was unable to carry out transactions.


According to him, customer service representatives of Opay confirmed that a Post No Debit (PND) had been placed on the account but failed to provide any court order authorising the action. 


He further alleged that despite repeated complaints and a formal letter written by his lawyer, Opay maintained the restriction, citing an internal bank report rather than any directive from law enforcement.


King insisted that all transactions on the account were legitimate and denied engaging in any fraudulent activity. 


He claimed the account freeze left him financially stranded, forcing him to rely on neighbours for basic needs.


The applicant urged the court to intervene, arguing that the continued restriction unjustly disrupted his livelihood and violated his constitutional rights.

As of the time of filing this report, Opay Digital Services Limited had yet to file a response to the suit, despite being duly served with court processes.


Meanwhile, Justice Daniel Osiagor has fixed March 2, 2026, for the hearing of the case.


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