A Federal High Court sitting in Abuja on Wednesday, ordered the service of a fundamental rights abuse suit against the Nigeria Army and seven others, via substituted means; by placing the court documents on any newspaper with a wide circulation in the Federal Capital Territory, FCT.
Trial judge, Justice Joyce Abdulmalik 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 brought the suit 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.
At the hearing in the matter, yesterday, plaintiff’s lawyer, Mr. Wayne Elijah, informed the court that the bailiff has not been able to serve the court’s documents on the respondents hence, would be asking the court to make an order directing the service through substituted means by pasting same on the notice board of the Federal High Court and sending scanned copies to the respondents’ email.
Justice Abdulmalik, however, in her ruling observed that the respondents not being staff of the Federal High Court would not be able to see the court documents and rather ordered the service through newspaper publication.
She subsequently fixed hearing of the matter on May 5, adding that service of hearing notices be served on all respondents.
In the suit filed November last year, plaintiff 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 on muddy, dirty water.
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“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 punch.
“Video evidence of this brutalisation on me by the respondents is herein attached and marked V1 in Exhibit Flash A series.”
The plaintiff claimed that the beatings and attempted murder led to ceaseless flow of blood from the skull of his head which led to the immediate cease 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 stated.
Plaintiff 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 by a nurse in my apartment in Abuja as the injury to my skull caused by the respondents became aggressively worst by the day.
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“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 did not respond to me even after the 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 unprovoked assaulting, attacking, abusing, maltreating and battering the 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 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.
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, authorised agents, staff, employees and cohorts by whatever name so called from further disturbing, breaching or interfering with his rights as guaranteed under the law.
“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 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 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 N500million 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 N50million as costs of this action.”
