A Federal High Court sitting in sitting in Akure, the
Ondo State Capital has awarded N10 million
damages against the Nigerian Army for assault and
unlawful detention of an Okitipupa-based lawyer,
Zerubbabel Omoyele.
In the suit, marked as No. FHC/AK/CS/69/2013 and
filed by Omoyele’s counsel, Tope Temokun, the
Nigerian Army, the former Nigerian Chief of Army
Staff, Lieutenant General Azubuike Ihejirika,
Commanding Officer, 19 Battalion, Naquora Barracks,
Okitipupa, Ondo State, Captain M.C Ndubuisi and
Hasan Habila were joined as respondents.
Counsel of the victim, Temokun, said the incident
occurred on March 11, 2013 at Okitipupa when
Omoyele, in a bid to obtain evidence of brutal
assault meted out to his client, Joseph
Omoranmowo led to the harassment and assault of
the legal practitioner.
Temokun explained that Omoyele’s client,
Omoranmowo was unlawfully detained in the military
cell and he had been ripped open in the head with a
bottle of McDowell drink after the beating of his life
by one Captain M.C Ndubuisi and Hassan Habila,
both military officers at the Naquora Barracks, in
Okitipupa Local Government Area of the state.
He added that trouble started between Omoyele and
the soldiers when he invited a photographer to take
shots of his client, who had been wounded on the
head.
Temokun said for daring to obtain evidence against
the military officers, he (Omoyele) was forcibly taken
to the barracks, detained and beaten from 8:30 a.m
to 1pm.
In his argument, Temokun relied on section 34 (1) of
the 1999 constitution, articles V and VI of the
African Charter on Human and people’s Right and
Articles V, III and XI of the Universal Declaration of
Human Rights.
He argued that the acts of the military officers
constitute a violent violation and a gross breach of
his client’s fundamental rights to dignity of human
person and personal liberty by a body which was
saddled with the responsibility of protecting the
territorial integrity of the country.
In his ruling, Justice I.M Sani said it was wrong for
the military to assume the role of the police when
they are meant to take care of the territorial borders
of the country and protect the citizens from scourge
of internal terrorism.
The court berated the Army officers for their
condemnable act, saying soldiers have no power
under the law to beat and detain citizens they ought
to protect.
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It therefore ordered the Nigerian Army to pay the
applicant the sum of N10 million being exemplary
damages for the violations of the applicant’s
fundamental rights and order of perpetual injunction,
restraining the officers and the Army from further
harassment of the applicant.
