Court Orders Service of N550m Suit against Army, COAS Via Newspaper Publication

Alex Enumah in Abuja

Justice Joyce Abdulmalik of a Federal High Court in Abuja yesterday ordered the service of a fundamental rights abuse suit against the Nigeria Army and seven others, via substituted means; by placing the court documents on any newspaper with a wide circulation in the Federal Capital Territory (FCT).

The judge made the order while delivering ruling in an exparte application filed and argued on behalf of the plaintiff, Mr Ambrose Akhigbe, an Assistant Director in Command Secondary School, Ipaja, Lagos.

The plaintiff had instituted legal action against the Nigeria Army, the Chief of Army Staff, General Officer Commanding 81 Division, Commandant, Command Day Secondary School, Lagos, Lieutenant Akabor, Private Sani, Private Ahmed and Private Montero, who are 1st to 8th respondents respectively, over alleged threat to life, assault, battering, maltreatment amongst others.

When the case was called on Wednesday, plaintiff’s lawyer, Mr Wayne Elijah, informed the court that the bailiff has not been able to serve the court’s documents on the respondents hence, would be asking the court to make an order directing the service through substituted means by pasting same on the notice board of the Federal High Court and sending scanned copies to the respondents’ email.

However, Justice Abdulmalik, in her ruling observed that the respondents not being staff of the Federal High Court would not be able to see the court documents and rather ordered the service through newspaper publication.

She subsequently fixed hearing of the matter on May 5, adding that service of hearing notices be served on all respondents.

In the suit filed November last year, plaintiff alleged that the respondents, particularly the 5th, 6th and 7th respondent violated his right when the beat him up and nearly killed him for allegedly making videos of inhumane punishments meted out on the SSS3 girls who were asked to roll on muddy, dirty water.

The plaintiff claimed that the beatings and attempted murder led to ceaseless flow of blood from the skull of his head which led to the immediate cease of academic activities in the school as all civilian staff staged a protest in solidarity to the oppression he faced against the respondents.

He said the 4th respondent, who immediately handed over the 5th, 6th, 7th and 8th respondents to the military police to be kept in custody pending  investigation, also took responsibility for the medical bills of N65,000 and another N115,000.

Plaintiff further disclosed that on August 6, 2024, while preparing to take his bath had a mild concussion which became worst on August 8, leading to his being rushed to the Hospital in Abuja.

He is therefore asking the court to declare that the actions of the 5th to 8th respondents in unprovokedly assaulting, attacking, abusing, maltreating and battering the him while he was peacefully making a phone call on June 10, 2024 amounts to a gross violation of his right to respect of his personal dignity and not to be subjected to any inhumane and degrading treatment as guaranteed under Sections 34(1) of the Constitution and Article 4 and 5 of the African Charter on Human and People Rights.

Plaintiff is also asking the court to declare that the actions of the 5th to 8th respondents in attempting to kill him after unlawfully seizing and searching his phone amounts to a gross violation of his right to life as guaranteed by law.

Similarly, he is asking for an order of perpetual injunction restraining the respondents, their personnel, authorised agents, staff, employees and cohorts by whatever name so called from further disturbing, breaching or interfering with his rights as guaranteed under the law.