By Fisayo Ogunsakin (with agency reports)

The Federal High Court sitting in Abuja has deferred judgment in a N550 million fundamental rights enforcement suit filed by an Assistant Director of Command Secondary School, Ipaja, Lagos, Mr. Ambrose Akhigbe, against the Nigerian Army and seven others. The plaintiff is seeking redress for alleged assault, attempted murder, and infringement of his constitutional rights.

Presiding Judge, Justice Joyce Abdulmalik, vacated the scheduled judgment date of July 8, 2025, following an oral application by counsel to the respondents, Mr. Chris Agbeti, who informed the court that he became aware of the judgment date only through media reports. He pleaded for time to file a formal defence on behalf of his clients.

In the interest of fair hearing, the plaintiff’s counsel did not oppose the application. Justice Abdulmalik granted the request and ordered the respondents to serve their defence documents on the plaintiff. The matter was adjourned to July 14, 2025, for hearing.

The case was filed in November 2024, following an incident that occurred at Command Secondary School, Ipaja, where Mr. Akhigbe alleges he was severely beaten by soldiers after recording video footage of some SSS 3 female students being subjected to degrading, borderline inhumane punishment by being forced to roll in muddy water. He claims that after confronting him, Lt. Akabor, the 5th respondent, suggested they report to the commandant’s office to resolve the matter.

However, while walking toward the administrative block, Mr. Akhigbe said he was suddenly attacked from behind by three soldiers, Privates Sani, Ahmed, and Montero, who acted on the alleged orders of Lt. Akabor. He stated that the soldiers assaulted him with with the intention of killing him. They made use of sticks, koboko, iron rods, pipe canes, and their fists while shouting, “We will kill you today, you bastard.”

According to the plaintiff, the attack resulted in a continuous flow of blood from his skull. He submitted video evidence of the assault to the court, labeled as Exhibit Flash A – V1.

In response, the civilian staff members  reportedly staged a protest, demanding justice and condemning the maltreatment of their colleague.

Following the assault, the 4th respondent, identified as the school commandant, is said to have taken swift action by handing over the erring soldiers involved to the military police for investigation. He also took responsibility for Mr. Akhigbe’s medical bills, covering N65,000 for initial treatment and an additional N115,000 for further medical care.

In his suit, Mr. Akhigbe is asking the court to declare that the assault, attempted murder and unlawful seizure and search of his phone he suffered constitutes a gross violation of his right to personal dignity and life as protected by the Nigerian Constitution. He also seeks an order for a public video apology to be produced by the 5th to 8th respondents and broadcast on two national television stations.

He is asking the court to issue a perpetual injunction restraining the respondents, or their personnel, staff or other authorized agents from further harassment or violation of his rights. In addition to declaratory and injunctive reliefs, the plaintiff seeks N500 million in general damages and N50 million as the cost of the suit.

The case has experienced several delays. On March 1, 2025, the court granted an order for substituted service of the suit through newspaper publication, after the respondents repeatedly failed to appear or respond. In May, the court fixed June 19 for judgment after the plaintiff’s lawyer adopted his written address. However, judgment was deferred due to the judge’s other engagements, and parties were informed of a new date—July 3.

With the most recent adjournment on July 8, the court emphasized the need to hear all parties before reaching a decision. Justice Abdulmalik noted that the matter must be resolved on its merit, in line with the principles of natural justice and fair hearing.

The case is now scheduled for hearing on July 14, 2025.

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