Alleged Threat to Life, Assault: Court Delivers Judgment in N550m Suit against Army, COAS June 19

Alex Enumah in Abuja

Justice Joyce Abdulmalik of a Federal High Court in Abuja, on Monday fixed June 19, for judgment in a fundamental rights abuse suit against the Nigeria Army and 7 others.

The judge adjourned for judgment shortly after counsel to the applicant adopted his written address as his brief of argument, in the suit seeking the sum of N550 million from the respondents as damages.

The court had on March 1, ordered service of the fundamental rights abuse suit against the army including the Chief of Army Staff (COAS), via substituted means, by placing the court documents on any newspaper with a wide circulation in the Federal Capital Territory.

The judge had made the order while delivering ruling in an ex parte 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 came up on Monday, despite service of the suit on the respondents, none of them appeared in court and were neither represented.

Amongst exhibits tendered and admitted in support of the suit including a Certificate of Compliance, upon which Mr. Elijah urged the court to grant all the reliefs sought in the suit.

In a bench ruling, Justice Abdulmalik announced that judgment has been fixed for June 19, and directed that hearing notice be served on the respondents.

The Assistant Director had in the suit filed November last year, alleged that the respondents, particularly the 5th, 6th and 7th Respondent violated his right when they 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 in muddy, dirty water.

The respondents submitted: “The 5th Respondent then suggested we all report to the Commandant office to resolve the issue which I agreed to and while I led the way in walking down to the Admin Block, the 6th,  7th and 8th Respondents acting on the instructions of the 5th Respondent, battered me from behind with the sole aim of killing me as they were saying “We will kill you today you bastard” as they continued to assault me, targeting my face and neck using plank, koboko, sticks, pipe canes, irons and their fist.

“Video evidence of this brutalization on me by the respondents is herein attached and marked V1 in Exhibit Flash A series.”

The plaintiff had also claimed the beatings and attempted murder led to ceaseless flow of blood from his skull which led to the immediate cessation 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.

“That shortly after the incident, my union body “Association of Senior Servants Civil of Nigeria” served the Respondents with a letter of demand wherein several demands including the adequate compensation for me was demanded for”, he said.

The plaintiff had 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.

“I was given drip treatments and cared for by a nurse in my apartment in Abuja as the injury to my skull caused by the Respondents became aggressively worse by the day.

“That I sent a letter of demand through my Lawyer’s Law firm WCE & Co. Chambers to the Respondent on August 10, 2024 for the Respondent to be aware of my predicaments and also take responsibilities but was not responded to even after the 3 (three) weeks period given in the letter elapsed.”

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 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 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.

The 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, authorized agents, staff, employees and cohorts by whatever name so called from further disturbing, breaching or interfering with his rights as guaranteed under the law.

 He is also asking for: “An order directing the 5th to 8th Respondents to film and publish a video apology on behalf the Respondents to the Applicant, to be published in two (2) national television for the unwarranted infringement of the Applicant’s fundamental right in threatening the life of the Applicant and assaulting, attacking, abusing and maltreating the Applicant while he was peacefully making a phone call and exercising his Fundamental Freedom of Expression within the Jurisdiction of the Federal High Court of Law.

“An order directing the respondents jointly and severally to pay the Applicant the sum of N500 million only as compensation for the gross infringement of the Applicant’s fundamental right guaranteed by the constitution of the Federal Republic of Nigeria.

“An order directing the respondents jointly and severally to pay the Applicant the N50 million as costs of this action”.