by Culled From barristerng.com
The Federal High Court of Nigeria sitting in Calabar (Court 2) and presided over by Hon. Justice Rosemary Dugb Oghoghorie has today 1/7/2022 awarded damages of One Million Naira only against the Nigerian Air Force over an alleged case of human rights violation.
The Applicant in the case, Eno Iyamba Esq. who is a serving Magistrate in the Cross River State Judiciary had dragged the Nigerian Air Force to Court alleging violation of his fundamental rights.
The case which was filed on Tuesday 17th August, 2021 in Suit No. FHC/CA/FHR/63/2021 named the Nigerian Air Force and the Chief of Air Staff as 1st and 2nd Respondents respectively. Also Airman Mbu and Airman Gala, both from the 305 Special Mobility Group, Nigerian Air Force, Calabar were named as the 3rd & 4th Respondents respectively.
According to the court processes made available to BarristerNG, the case of the Applicant is that on the fateful evening of Friday 19th March, 2021 at about 8.30pm he invited his personal physician to his home at Essien Town, Calabar to help attend to a medical emergency involving his wife. The Applicant’s wife was said to have suffered from diarrhoea leading to dehydration and general bodily weakness. After stabilising the situation, all efforts by the doctor to secure a Bolt Drive (an online transport service) back to his home were unsuccessful. This compelled the Applicant to offer to drop the doctor at his Satellite Town residence.
At about 10.30pm when the Applicant drove alongside his doctor and got to a military checkpoint at UNICAL Hotel Road by Victory Way Junction, personnel and agents of the Respondents from the 305 Special Mobility Group, Nigerian Air Force arrested, detained, tortured, dehumanised and brutalised the Applicant by making him to roll on bare ground, slapped him severally and in the process perforated his ear drums thereby causing him some hearing impairment.
That the personnel rebuffed all explanations from the doctor to the effect that he was returning from a medical emergency. Again, this is notwithstanding that the Applicant properly identified himself as a serving Magistrate and showed his Identity Card (a situation that further infuriated the personnel) even as he drove on his official government plate number. The personnel alleged that the Applicant was stubborn for driving during purported curfew hours.
That the Applicant was later admitted as an outdoor patient at the University of Calabar Teaching Hospital (UCTH), where he received medical examination and treatment for about two weeks at ENT Clinic and the Optalmology Clinic.
It is also the case of the Applicant that following the unwarranted brutality and dehumanisation of his person by the Respondents and their agents, he consulted his solicitor who promptly wrote to the Respondents on Monday 22nd March, 2021 asking that the personnel involved be disciplined and brought to book. That upon receipt of the complaint, the Respondents reached out to the Applicant via phone call from their Head of Legal Unit (305 Special Mobility Group, Nigerian Air Force, Calabar) to the Applicant’s solicitor whereby a meeting was scheduled. That at the said meeting which held on Monday 19th April, 2021 at about 4pm, the Respondents persuaded the Applicant from pressing any charges against them and promised to take necessary disciplinary measures against their identified personnel and communicate same in writing to the Applicant as well as bear the cost of his medical expenses. But that no action whatsoever was taken by the Respondents, instead they became bent on shielding and covering up the said erring personnel.
The Applicant therefore sought the following reliefs from the Court:
“1. A DECLARATION that the action of the Respondents in brutalising the Applicant by kicking and slapping him repeatedly/ randomly and making him to roll on bare ground at a military checkpoint along UNICAL Hotel Road by Victory Way Junction, Calabar on 19th March, 2021 is cruel, inhuman, degrading and constitutes gross violation of the Applicant’s fundamental rights to dignity of the human person as cognisable under Sections 34 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 5 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
2. A DECLARATION that the action of the Respondents in arresting and detaining the Applicant at a military checkpoint along UNICAL Hotel Road by Victory Way Junction, Calabar and depriving him of his liberty from 10.30pm of 19th March, 2021 to about 1.30am of 20th March, 2021 is unlawful, unjustifiable and constitutes gross violation of the Applicant’s fundamental rights to personal liberty as guaranteed in Section 35(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
3. A DECLARATION that the action of the Respondents in interfering with the free movement of the Applicant along UNICAL Hotel Road by Victory Way Junction, Calabar from 10.30pm of 19th March, 2021 to about 1.30am of 20th March, 2021 is unlawful, unjustifiable, reckless and constitutes wanton violation of the Applicant’s fundamental rights to freedom of movement as guaranteed in Section 41(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
4. AN ORDER compelling the Respondents to tender a written public apology in two national dailies to the Applicant.
5. The sum of N100, 000, 000.00 (One Hundred Million Naira) jointly and severally against the Respondents as general damages for the gross and wanton violation of the Applicant’s fundamental rights.
6. The sum of N100, 000, 000.00 (One Hundred Million Naira) jointly and severally against the Respondents as punitive/exemplary damages for the needless, reckless and unwarranted violation of the Applicant’s fundamental rights.
7. The sum of N33, 470.00 (Thirty-Three Thousand, Four Hundred and Seventy Naira) jointly and severally against the Respondents as special damages arising from the gruesome brutalisation of the Applicant/ violation of his fundamental rights.
The Particulars of special damages were stated to include:
Medical expenses incurred as contained in the following exhibited payment receipts/invoice:
i. Invoice No. 14026/ receipt No. SR122623 dated 20/3/2021 (N3,900)
ii. Invoice No. 178192 dated 20/3/2021 (N1,700)
iii. Invoice No. ASH1616247703 dated 20/3/2021 (N5,000)
iv. Invoice No. 10668534 dated 22/3/2021 (N4,250)
v. Invoice No. 178260 dated 22/3/2021 (N650)
vi. Invoice No.0100030 dated 22/3/2021 (N510)
vii. Invoice No. 71878 dated 23/3/2021 (N550)
viii. Bill Invoice No. 0101 dated 30/3/2021 (N5,250)
ix. Invoice No. 147233/ receipt N. SR127003 dated 31/3/2021 (N2,600)
x. Invoice No. 178904 dated 31/3/2021 (N1,400)
xi. Receipt No. B88080 dated 31/3/2021 (N2,900)
xii. Bill Invoice No. 0150 dated 8/4/2021 (N4,760)
AND for such further order(s) as this Honourable Court may in its absolute discretion deem fit to make in the circumstances.”
Delivering judgment in the case today Friday 1st July, 2022 the Court deprecated the actions of the Respondents and stated that security agencies in Nigeria are enjoined by law to protect and not abuse the rights of the citizens. That the actions of the Respondents which are not denied, are unfortunate and condemnable. The Court proceeded to award general damages of One Million Naira only in favour of the Applicant.
In a chat with the Applicant who was personally present in Court, he stated that he was satisfied that justice has been served in the case. “The main essence was to get justice and correct the rascality of the Respondents which is now becoming a common occurrence. I am however disappointed at the paltry sum awarded by the Honourable Court. I came to Court this morning in high spirit hoping to get a befitting birthday present from the Court. But I’m disappointed because I doubt if the paltry sum could ever deter a further occurrence. I intend to meet with my lawyers to review this outcome,” he stated.
Also, speaking with counsel for the Applicant, James Ibor Esq, he lamented the failure of the Hon. Judge to pronounce on other reliefs sought by the Applicant including special damages (medical expenses incurred) as well as the claim for written public apology as provided by law, and noted that these are grave errors that may necessitate an appeal against the judgment
