Abuja, Nigeria – A Federal High Court in Abuja has directed that court summons in a fundamental rights abuse lawsuit against the Nigerian Army and seven others be served via substituted means. The order, issued by Justice Joyce Abdulmalik, mandates that the court documents be published in a widely circulated newspaper within the Federal Capital Territory (FCT).
The ruling followed an ex-parte application by Mr. Ambrose Akhigbe, counsel for the plaintiff, an Assistant Director at Command Secondary School, Ipaja, Lagos. The plaintiff is suing the Nigerian Army, the Chief of Army Staff, the General Officer Commanding 81 Division, the Commandant of Command Day Secondary School, Lagos, as well as four military personnel—Lieutenant Akabor, Private Sani, Private Ahmed, and Private Montero—over allegations of threat to life, assault, and maltreatment.
Court Approves Newspaper Summons After Bailiff’s Failure
At the hearing, the plaintiff’s lawyer, Mr. Wayne Elijah, informed the court that efforts to serve the respondents had been unsuccessful. He requested the court to allow service via substituted means by posting the documents on the Federal High Court’s notice board and sending copies via email. However, Justice Abdulmalik ruled that such a method would not be effective since the respondents are not court staff. Instead, she ordered that the documents be published in a national newspaper to ensure proper notification.
The matter has been adjourned to May 5, with a directive that hearing notices be duly served on all respondents.
Brutality Allegations and Lawsuit Demands
The plaintiff alleges that the military personnel, particularly the 5th, 6th, and 7th respondents, brutally assaulted him for recording a video of inhumane punishments meted out to SSS3 female students, who were allegedly forced to roll in muddy water.
According to the plaintiff, the 5th respondent initially suggested resolving the issue with the Commandant. However, while heading towards the administrative block, the 6th, 7th, and 8th respondents allegedly attacked him from behind, using planks, sticks, pipe canes, and iron rods, while vowing to kill him.
A video of the assault, marked as “Exhibit Flash A series,” has been submitted as evidence. The plaintiff claims the beating resulted in profuse bleeding from his skull, which disrupted academic activities and led to a protest by civilian staff in solidarity.
He further stated that the 4th respondent took immediate action by detaining the alleged attackers in military custody and covering medical expenses totaling ₦180,000.
Additionally, the Association of Senior Civil Servants of Nigeria issued a letter of demand to the respondents, seeking adequate compensation for the plaintiff.
Plaintiff Seeks ₦550 Million in Damages
In his lawsuit, the plaintiff is seeking:
- ₦500 million as compensation for the gross violation of his fundamental human rights.
- ₦50 million to cover legal costs and expenses incurred.
With the court now mandating a public notice, the case is set to proceed, as stakeholders await the respondents’ defense.
