The Federal High Court, Abuja, has reserved ruling in a fundamental rights enforcement suit filed by Ambrose Akhigbe against the Nigerian Army and nine others.
The plaintiff is a Deputy Director at Command Secondary School, Ipaja, Lagos.
The case marked, FHC/ABJ/CS/2138/25, came up for hearing on January 15, before Justice James Omotosho of the Federal High Court, Abuja.
At the proceedings, counsel to the 1st to 8th respondents, Chris Edache Agbiti, moved a motion for extension of time earlier filed on behalf of his clients, which was granted by the court.
The court also queried the absence of the 9th respondent. In response, counsel to the applicant, Wayne Chikezie Elijah, informed the court that the 9th respondent’s counsel, David Agbonifo, was aware of the hearing date, having been present in court at the last sitting.
When asked if parties were ready for the hearing, counsel to the 1st to 8th respondents initially claimed they had not been served with the 9th respondent’s processes. The claim was, however, challenged by the applicant’s counsel, who argued that the respondents had been served with the applicant’s reply to the 9th respondent’s processes, making it unlikely they lacked the main documents.
Upon further review of their file, counsel to the 1st to 8th respondents apologised, describing the oversight as an innocent mistake occasioned by the volume of processes filed by multiple parties in the suit.
The matter subsequently proceeded to a hearing, with all parties adopting their respective processes.
In line with Order 12 Rule 4 of the Fundamental Rights (Enforcement Procedure) Rules, the applicant’s counsel also adopted the processes filed by the 9th respondent.
In his final address, Elijah urged the court to dismiss the Notice of Preliminary Objection filed by the 1st to 8th defendants, discountenance all counter-affidavits opposing the originating motion and grant all the reliefs sought by the applicant.
After listening to submissions from counsel, Justice Omotosho adjourned the case to March 3 for ruling or judgment.
The plaintiff sued the Army, Chief of Army Staff (COAS), General Officer Commanding 81 Division; the Commandant of the Command Day Secondary School, Lagos; Lieutenant Akabor, Private Sani, Private Ahmed and Private Montero, over alleged threat to life, assault, battering and maltreatment.
Akhigbe alleged that the respondents, particularly the fifth, sixth and seventh, nearly killed him for making videos of inhumane punishment meted out to a female pupil in Senior Secondary School (SSS 3), who was asked to roll in muddy water.
He said that while they were on their way to the Commandant’s office to resolve the issue, the sixth, seventh and eighth respondents, acting on the instructions of the fifth respondent, battered him from behind with the sole aim of killing him.
“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”, the plaintiff said.
Attaching video evidence of the attack, Akhigbe said the assault resulted in a ceaseless flow of blood from his skull while academic activities were halted due to a protest by staff members in solidarity.
He added that the Commandant, who handed over Akabor, Sani, Ahmed and Montero to the military police for investigation, paid N65,000 and N115,000 for his medical bills.
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