The Federal High Court in Abuja has awarded N3 million in damages against the Army and seven others over the brutalisation of a Deputy Director at Command Secondary School, Ipaja, Lagos State, Ambrose Akhigbe.

The court held that the severe beating constituted a threat to Akhigbe’s life, adding that he was very fortunate to survive the incident.

Describing the actions of the soldiers as barbaric and highly condemnable, Justice Jame Omotosho, in a judgment, said such conduct could not be tolerated in a democratic society governed by the rule of law.

Akhigbe, an Assistant Vice Principal (Academics), sued the Army; the Chief of Army Staff (COAS); the General Officer Commanding 81 Division; the school’s Commandant; Lieutenant Akubor; Private Sani Mustapha; Private Ahmed Usman; and Private Manniru Mukaila.

The plaintiff told the court that the incident occurred after he recorded a video of what he described as inhumane punishment meted out to an SSS3 female student who was allegedly ordered to roll in muddy water.

According to Akhigbe, while he and others were on their way to the Commandant’s office to address the issue, the sixth, seventh and eighth respondents, allegedly acting on the instructions of the fifth respondent, attacked him from behind.

He claimed the soldiers beat him with planks, sticks, pipe canes and other objects, while issuing threats to his life. He also tendered video evidence of the attack.

Akhigbe said the assault left him with head injuries and heavy bleeding. He added that the incident sparked a protest by staff members, which temporarily disrupted academic activities at the school.

Justice Omotosho held that Akhigbe had sufficiently proved that on June 10, 2024, he was brutally beaten by the respondents, that his thumbprint was forcibly used to unlock his phone, and that he sustained head injuries from the assault.

The court described the defence filed by the respondents as flimsy and inadequate in addressing the serious allegations, noting that they focused largely on technical objections, including estoppel and res judicata, rather than the substance of the claims.

Justice Omotosho dismissed the defence and held that the fundamental rights of the applicant were grossly violated.

The judge further held that even if the applicant had committed any wrongdoing, it was unlawful for the respondents to subject him to physical assault, stressing that such actions run contrary to Section 36 of the 1999 Constitution.

The court also condemned the search of the applicant’s phone, holding that access to, search of, or deletion of content from a person’s phone must be based on consent or a valid court order.

Justice Omotosho awarded N3 million in damages jointly and severally against the respondents. (The Nation)

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