The Federal High Court, Abuja has postponed the delivery of judgment in the N550 million fundamental rights abuse suit filed against the Nigeria Army and seven others.
Justice Joyce Abdulmalik deferred judgment following an application from counsel to the respondent, Mr Chris Agbeti who drew the attention of the court to the fact that he got wind of the judgment via newspaper publications.
Agbeti therefore prayed the court for an extension of time to enable him file his client’s defence.
Counsel to the defendant did not object on the grounds of fair hearing and not wanting anything that would delay the speedy hearing of the matter.
In a ruling, Justice Abdulmalik granted the application as prayed and ordered the defendant to serve his documents on the plaintiffs.
“I hereby vacate the judgment to be delivered today for the matter to be heard in its merit.
“Matter is adjourned until July 14 for hearing,” she said.
The News Agency of Nigeria, (NAN) reports that the judge had in May, fixed June 19, for judgment in the suit filed by an Assistant Director of Command Secondary School, Ipaja, Lagos, Mr Ambrose Akhigbe.
The judge had 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.
However, at the scheduled date of June 19, the court did not sit due to some other engagements the judge had and a new date of July 3, was communicated to parties in the suit.
NAN recalls that 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 in 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 and Command Day Secondary School, Lagos.
Others are Lt. Akabor, Private Sani, Private Ahmed and Private Montero, who are 1st to 8th respondents respectively, over alleged threat to life, assault, battering and maltreatment amongst others.
However, when the case was called none of the respondent was in court and there was no legal representation.
In a bench ruling, Justice Abdulmalik announced that judgment would be delivered on June 19, and directed that hearing notice be served on the respondents.
The assistant director had in the suit filed November 2024, alleged that the respondents, particularly the 5th, 6th and 7th respondent violated his right when they beat him up and nearly killed him.
This he said was for allegedly making videos of inhumane punishments meted out on some SSS 3 girls who were asked to roll in muddy water.
“The 5th respondent then suggested we all report to the commandant’s office to resolve the issue which I agreed to.
“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”.
” They continued to lynch and assault me targeting my face and neck using plank, koboko, sticks, pipe canes, irons and their fist punch.
“Video evidence of this brutalisation on me by the respondents is herein attached and marked V1 in Exhibit Flash A series.”
The plaintiff had also claimed that the beatings and attempted murder led to ceaseless flow of blood from his skull.
This, he said led to the immediate cease of academic activities in the school as all civilian staff staged a protest in solidarity against 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.
He therefore asked the court to declare that the actions of the 5th to 8th respondents in unprovokedly assaulting and battering him amounted to a gross violation of his right to respect of his personal dignity.
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 seeking 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 stations.
This, he said, is 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.
He is also seeking for 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 his fundamental rights.
He also prayed the court for an order directing the respondents jointly and severally to pay N50 million as costs of the suit.(NAN)
