The Federal High Court in Abuja on Monday fixed 19 June for judgment in a N550 million fundamental rights abuse suit filed against the Nigerian Army, the Chief of Army Staff, and six others.
The six others include the General Officer Commanding 81 Division, the Commandant of Command Day Secondary School in Lagos, Lieutenant Akabor, Private Sani, Private Ahmed, and Private Montero.
Justice Joyce Abdulmalik set the judgment date shortly after the applicant’s counsel adopted his written address as his brief of argument.
The suit seeks N550 million in damages from the Army.
Recall that on 1 March, the court ordered that the fundamental rights abuse suit be served on the Nigerian Army and the COAS via substituted means by publishing the court documents in a widely circulated newspaper in the Federal Capital Territory.
The order followed an ex-parte application filed by the plaintiff, Mr Ambrose Akhigbe, an Assistant Director at Command Secondary School, Ipaja, Lagos.
Akhigbe instituted the legal action against the Nigerian Army, the COAS, and the six others named as 1st to 8th defendants in the suit.
The suit alleges threats to life, assault, battery, and maltreatment, among other claims.
The Assistant Director, in the suit filed in November 2024, alleged that the respondents, particularly the fifth, sixth, and seventh, violated his rights by beating him and nearly killing him for allegedly filming the inhumane punishments imposed on SSS3 girls, who were made to roll in muddy water.
“The fifth respondent then suggested that we report to the Commandant’s office to resolve the issue, which I agreed to.
“However, while I led the way to the Admin Block, the sixth, seventh, and eighth respondents, acting on the instructions of the fifth respondent, attacked me from behind, shouting, we will kill you today, you bastard.
“They targeted my face and neck using planks, whips, sticks, pipes, and their fists,” he stated.
The plaintiff provided video evidence of the assault, marked as Exhibit V1 in the Flash A series.
He further alleged that the beating and attempted murder caused profuse bleeding from his skull, leading to the suspension of academic activities as civilian staff staged a protest in solidarity.
According to the plaintiff, the fourth respondent handed over the fifth to eighth respondents to the military police for custody pending investigation, and also covered medical bills amounting to N65,000 and another N115,000.
He disclosed that his union, the Association of Senior Civil Servants of Nigeria, issued a letter of demand to the respondents seeking adequate compensation.
The plaintiff added that on 6th August 2024, he suffered a concussion that worsened by 8 August, requiring urgent medical attention in Abuja.
Despite a letter sent by his lawyers to the respondents on 10 August 2024 demanding accountability, no response was received within the three-week window.
He is asking the court to declare that the actions of the fifth to eighth respondents violated his right to dignity as guaranteed under Section 34(1) of the Nigerian Constitution and Articles 4 and 5 of the African Charter on Human and Peoples’ Rights.
He is also seeking an order restraining the respondents and their agents from further interference with his rights, an apology published on two national television stations, and compensation of N500 million for the infringement of his rights, along with N50 million as costs for the legal action.
When the case was heard on Monday, despite the service of the suit on the respondents, none appeared in court nor were they represented.
Exhibits admitted in support of the suit included a Certificate of Compliance, which the applicant’s counsel, E. A. Elijah, relied upon to urge the court to grant all the reliefs sought.
In a bench ruling, Justice Abdulmalik confirmed that judgment would be delivered on 19 June and directed that hearing notices be served on the respondents.
