Court awards N100m against AGF, Army for assault on citizens
By Bertram Nwannekanma

IN what appears as a judgment that will help curtail assaults on innocent Nigerian citizens by military personnel, a Federal High Court in Lagos yesterday awarded the sum of N100 million damages against the Attorney General of the Federation (AGF) and three other defendants for assaulting a Senior Advocate of Nigeria (SAN) and a Lagos-based businessman with cable whips.




http://odili.net/news/source/2009/may/21/20.html

Apart from paying the sum, the defendants, which included AGF, the Chief of Army Staff, the Nigerian Army and Sergeant Samuel Udagbe of the Nigerian Army who carried out the assault on Mr. Mike Igbokwe (SAN) and Mr. Joseph Ito, are to publish an unreserved apology to the defendants on two widely circulated newspapers in Nigeria.

The judgment delivered yesterday by Justice Tijani Abubakar of the Federal High Court, Lagos, was sequel to a suit filed against the defendants by the plaintiffs, who were assaulted by the fourth defendant on their way to Ijebu-Ode from Lagos on December 23, 2005.

Before the assault, they were driving on a Mercedes Benz E240 car when they overtook a green-coloured Land Rover Sports Utility Van marked AM 317 B15 belonging to the third defendant, which hit the bumper of their car.

Apart from hitting the bumper of their Mercedes car, the fourth defendant later physically assaulted them, as they ran into a heavy traffic-jam occasioned by the then on-going repairs of the Lagos-Ibadan Expressway.

Following the attacks in which they sustained severe injuries from the fourth defendant, the plaintiffs had sought the court to declare the physical brutality meted out to them by the agent and servant of the third defendant illegal and that unreserved public apology from the defendants to the plaintiffs be published in two widely circulated newspapers in Nigeria.

They had also demanded N100 million as aggravated damages for the humiliation and degradation they suffer as a result of the assault, as well as the cost of the action.

Delivering the judgment yesterday, Justice Abubakar described the action of the Army officer as totally wild, barbaric and uncivilised.

According to him, such an action must not be allowed in a decent society and above all, his masters who have the responsibility to condemn such actions appeared to be indifferent to this bizarre recklessness.

He said: "The action is condemned. I declare the act of the fourth defendant and his colleagues to wit; assaulting and bantering the plaintiffs on December 23, 2005, as unlawful and unconstitutional".

"I award the sum of N100 million to the plaintiffs against the defendants as general and aggravated damages arising from the unlawful and degrading acts of the fourth defendant and his colleagues.

"I order that the defendants offer public apology to the plaintiffs to be published in two widely circulated newspapers in Nigeria", he ruled.

Speaking after the judgment, which lasted about one hour, the first plaintiff, Igbokwe, said he was happy that justice has finally been done.

According to him, the fact that he was whipped with cable-whips by the third defendant was an indication that they might have been doing so to helpless Nigerians.

Another good precedence. I hope the story is being massively publicised in the Nigerian media.

cool.

Kudos to Fashola Administration. I believe justice will rise again in Nigeria

Another good precedence. I hope the story is being massively publicised in the Nigerian media.

Will the military pay?

Kudos to Fashola Administration. I believe justice will rise again in Nigeria

Wetin concern Fashola with this judgment?

Ur head correct so? Relax small make your head come down.

[size=14pt]Okere: Judge throws out Arogundade's application[/size]

By Tony Amokeodo

A Lagos High Court, on Wednesday, threw out an application by Rear Admiral Harry Arogundade and some unidentified Naval ratings, asking the court to admit oral evidence in a suit by Miss Uzoma Okere and her friend, Abdulahi Abdulazeez, following the ratings' alleged assault on them.



Miss Uzoma Okere



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In her ruling on Arogundade and the ratings' application, Justice Opeyemi Oke held that there was documentary evidence before the court that could be used to to hear the case, insisting that there was no need for oral evidence.

According to the judge, the need for oral evidence can only arise when the documentary evidence before the court is not sufficient to enable it arrive at a just decision.

She said, "I hold that the application is unnecessary and to allow it would be to put the cart before the horse.

"For the application to succeed, the conflicts in question must be tangible and not intangible. It must be material and not immaterial.

"When the conflict is cosmetic and inarticulate or farce, a court of law will not order or call for oral evidence.

"I have carefully considered the application and the counter -affidavit and I hold that both parties have filed documentary evidence which the court can look at and it is only when this documentary evidence is not enough that the court can demand for oral evidence"

Justice Oke, who further upheld the argument of the lawyer to Okere and Abdulazeez, Mr Lawal Pedro (SAN), held that under Fundamental Human Right Procedures, the court was empowered to suo motu (afresh), call for oral evidence.

She added that when there was conflict in averments, the court might call for oral evidence.

Lawyer to Arogundade and other defendants, Chief Bolaji Ayorinde (SAN), had in the instant application, urged the court to grant leave to his clients to cross- examine Okere and Abdulazeez in view of the allegations made against his clients.

Ayorinde had argued that in view of the conflicting affidavits sworn to by Okere and Abdulazeez and the defendants, the best way for the court to resolve the issue was for the applicants to enter into the witness box and be cross-examined.

But Pedro, who is also the Solicitor-General of Lagos State, opposed the application.

He argued that it was within the discretion of court to either grant the application or not, saying that the court must take into consideration the facts placed before it.

Lawal also argued that the recorded documentary evidence of the event was sufficient enough to resolve any conflicting issue that might arise in the matter.

Justice Oke had adjourned the case till May 26 for hearing of Okere's substantive application.
http://odili.net/news/source/2009/may/21/412.html

Ur head correct so? Relax small make your head come down.

I ask you again, wetin concern Fashola with the judgment passed in Federal court?. Fashola even has no right in a magistrate court how much less federal court.

Aloy.Emeka:

Will the military pay?

The AGF was mentioned. If the money isn't paid then it is up to the people to pursue it further and sue the party involved be it the AGF or military. All that is needed is a precedence and by the time Nigerian's begin to get it into their head that they don't have to take such rubbish and they can sue, the military and other bodies might be forced to behave themselves when they have to fork out billions a year for settlement cases. If only the officer was given a jail sentence to go along with the fine, that would have really sealed the deal.

The AGF was mentioned. If the money isn't paid then it is up to the people to pursue it further and sue the party involved be it the AGF or military. All that is needed is a precedence and by the time Nigerian;s begin to get it into their head that they don't have to take such rubbish and they can sue, the military and other bodies might be forced to behave itself when they have to fork out billions a year for settlement cases. If only the officer was given a jail sentence to go along with the fine.

Guy, I'm not sure these people will see N1M in 10 years time. No be Naija?

Aloy.Emeka:

Guy, I'm not sure these people will see N1M in 10 years time. No be Naija?

Sorry but that arguement of "no be naija?" has long grown stale with me and does not serve as a valid excuse to me anymore. There was news today of a LASTMA offical being given a jail sentence for collecting bribe, how on earth could that have happened . . . .  . I mean, "no be naija?". Let us stop using such excuses to justify lack of work on our path as citizens. You see something that bothers you so much that you are willing to whine about it online? Ask yourself what you are doing to change it?

You are right but do you also know the military will settle this judgment with tax payers money?

Aloy.Emeka:

You are right but do you also know the military will settle this judgment with tax payers money?

That is why I said a jail sentence would have sealed the deal. The precendence of actually doling out punishment is good but the sentencing could have been a bit more clever. Nevertheless, the citizens are getting compensation.

So Mr man You cant Understand stupid english abi? Try make your head straight. go read my post again. If you dont understand. I say Thank to Fashola Administration

That is why I said a jail sentence would have sealed the deal. Nevertheless, the citizens are getting compensation.

This money settlement tradition will soon be abused in Nigeria. Some may even hire soldiers to beat them up so they can collect N100M and give the soldier his share under the table. I am not comfortable with it at all.

Go sleep because you don lost some little sense tonight and try enforce new one tomorrow. Nur fail oo.Good Luck

So Mr man You cant Understand stupid english abi? Try make your head straight. go read my post again. If you dont understand. I say Thank to Fashola Administration

Wetin concern fashola administration in this matter?

Nur let me Insult you.Abi you nur know wetin be Administration .If you fail this one then I think the next wont be easy for you again.

You must be a knuckle head