The Federal High Court in Abuja has ordered the Nigerian Army and several of its personnel to pay N3 million in damages to Ambrose Akhigbe, an Assistant Vice Principal at Command Secondary School, Ipaja, Lagos, over an incident of brutalisation that nearly cost him his life.
Delivering the judgment, Justice James Omotosho ruled that the violent attack carried out by soldiers against the school administrator amounted to a serious violation of his fundamental rights.
The judge noted that the brutalisation inflicted on Akhigbe posed a grave danger to his life, stressing that he was fortunate to have survived the incident.
Justice Omotosho condemned the actions of the soldiers involved, describing their conduct as barbaric, unlawful and unacceptable in a democratic society governed by the rule of law.
According to the court, members of the armed forces are expected to uphold discipline and protect citizens rather than subject them to intimidation or physical assault.
The lawsuit was filed by Akhigbe, who also serves as the Deputy Director at Command Secondary School, Ipaja.
In the suit, he named the Nigerian Army, the Chief of Army Staff, the General Officer Commanding the 81 Division, the Commandant of the school, Lieutenant Akubor, Private Sani Mustapha, Private Ahmed Usman and Private Manniru Mukaila as respondents.
Akhigbe told the court that the incident that led to the brutalisation began when he recorded a video showing what he described as an inhumane disciplinary action against a female Senior Secondary School Three student.
According to him, the student had allegedly been ordered to roll repeatedly in muddy water as punishment.
Disturbed by the treatment of the student, the school official said he decided to document the situation with his phone so that the matter could be formally addressed.
He explained that he and some colleagues were heading to the office of the school Commandant to report the issue and seek clarification.
However, events took a dramatic turn before they could reach the office.
Akhigbe told the court that while he and others were moving toward the Commandant’s office, some soldiers approached him from behind and suddenly launched an attack.
He alleged that the personnel who carried out the assault were acting on the instruction of a superior officer identified in the suit.
According to his testimony, the soldiers used planks, sticks, pipes and canes to beat him repeatedly.
During the attack, he said, they issued threats against his life while continuing the assault.
The educator further informed the court that the brutalisation left him with serious head injuries and heavy bleeding.
He explained that he required urgent medical attention following the incident.
As part of the evidence presented during the trial, Akhigbe tendered video recordings that captured the attack.
The footage, according to him, clearly showed the violent manner in which he was assaulted by the soldiers.
The incident also sparked outrage among staff members of the school. Akhigbe told the court that teachers and other workers staged a protest in response to the attack, leading to a temporary disruption of academic activities at the institution.
In his ruling, Justice Omotosho held that the evidence presented by the applicant convincingly established that the assault occurred on June 10, 2024.
The court agreed that the brutalisation described by the plaintiff was credible and supported by the materials submitted during the proceedings.
The judge further noted that Akhigbe’s testimony that the soldiers forcibly used his thumbprint to unlock his mobile phone was not effectively disputed by the respondents.
The court also accepted that he sustained head injuries as a result of the assault.
Justice Omotosho criticised the defence filed by the respondents, describing it as weak and largely focused on technical arguments rather than addressing the substance of the allegations.
According to the court, the defence attempted to rely on legal doctrines such as estoppel and res judicata without sufficiently confronting the claims of assault and rights violation.
The judge therefore dismissed the arguments raised by the defence and held that the applicant’s fundamental rights had been grossly violated through the brutalisation he suffered.
Justice Omotosho also emphasised that even if the applicant had committed any form of wrongdoing, the law does not permit security personnel to take matters into their own hands through violence.
He stated that such conduct runs contrary to the provisions of Section 36 of the 1999 Constitution, which guarantees citizens the right to fair hearing and lawful treatment.
The court also frowned upon the actions of the soldiers who allegedly accessed Akhigbe’s phone without proper authorisation.
The judge stressed that searching a person’s phone, accessing personal information, or deleting digital content must be carried out only with the consent of the owner or through a valid court order.
At the conclusion of the case, the court ordered the respondents to jointly and severally pay the sum of N3 million to Akhigbe as compensation for the violation of his rights and the brutalisation he endured.
Justice Omotosho said the judgment should serve as a reminder that no individual or institution is above the law and that acts of violence and abuse of authority will not be tolerated.
Ireport247news
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