Court Orders Army to Pay School Director N3m Compensation for Assault

Alex Enumah in Abuja

A Federal High Court in Abuja has awarded N3million damages against the Nigerian Army for the assault, threat to life of a civilian staff of the Command Secondary School, Ipaja, Lagos, Mr. Ambrose Akhigbe.

Justice James Omotosho in his judgement subsequently ordered the army authorities to pay Akhigbe the sum of N3 million as compensation for what he suffered suffered as a result of the action of the defendants.

Akhigbe, an Assistant Director in Command Secondary School, Ipaja, Lagos, had in November 2024, instituted legal action against the Nigeria Army, the Chief of Army Staff, General Officer Commanding 81 Division, Commandant, Command Day Secondary School, Lagos, Lieutenant Akubor, Private Sani Mustapha, Private Ahmed Usman and Private Manniru Mukaila, who were 1st to 8th respondents respectively, over alleged threat to life, assault, battering, maltreatment amongst others.

According to him, the respondents, particularly the 5th, 6th and 7th, had on June 10, 2024, at Command Secondary School, Ipaja, Lagos, 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 on muddy, dirty water.

While claiming that the defendants’ action amounted 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, he had asked the court to order the respondents, jointly and severally to pay him the sum of N500 million only as compensation for the gross infringement of his fundamental right guaranteed by the Constitution of the Federal Republic of Nigeria.

Delivering judgment in the suit marked: FHC/ABJ/CS/2138/25, Justice Omotosho, agreed with the applicant that his rights were grossly breached on June 10, 2024, by the defendants.

The judge arrived at the conclusion after it dismissed preliminary objections of the 1st to 8th defendants, who had urged dismissal of the suit following an earlier decision of a sister court last year.

Recall that Chris Edache Agbiti, who represented the 1st to 8th respondents, had argued that the suit constituted an abuse of court process, because Justice Joyce Abdulmalik of the Federal High Court, had upheld their objection on non-service of the first suit and struck out the case, thereby invoking the doctrine of estoppel per res judicata.

But, Justice Omotosho disagreed, clarifying that the earlier decision by Justice Abdulmalik was predicated on issues of non-service and non-juristic personality, which led to the matter being struck out rather than dismissed.

According to the judge, the substantive issues were not determined in the earlier case and, therefore, the present suit was not barred by estoppel per res judicata.

Delving into the merits of the case, the court held that the applicant proved that he was brutally assaulted by the 1st to 8th respondents, adding that the officers forcefully used his thumbprint to unlock his mobile phone and that he sustained head injuries during the incident.

The judge also observed that the defence put forward by the respondents was “flimsy and watery,” since it did not effectively counter the serious allegations and relied largely on technical arguments.

While reprimanding the officers for their manhandling and violation of the applicant’s fundamental human rights, Omotosho held that the assault posed a serious threat to Akhigbe’s life, adding that it was “by sheer miracle” that the applicant survived.

It was the position of the court that even if the applicant had committed an offence, it was unlawful for the respondents to subject him to physical assault, because such conduct contravenes Section 36 of the 1999 Constitution (as amended).

Justice Omotosho also condemned the search of the applicant’s phone, stressing that access to or search of a person’s phone must be carried out with consent or pursuant to a valid court order.

Describing the conduct of the 5th to 8th respondents as “barbaric and highly condemnable,” the court stated that such behaviour could not be condoned.

The judge also expressed concern over what he described as a troubling pattern of alleged military brutality against civilians, noting that the case reflected broader issues requiring attention.

While commending the diligence of Prince Wayne Chikezie Elijah, in prosecuting the case, Justice Omotosho granted declaratory reliefs one through six sought by the applicant, including several declaratory orders. The court further awarded ₦3 million in damages against the 1st to 8th respondents, jointly and severally.