By Chuks Eke
Anambra State High Court No. 3 sitting at Onitsha on Thursday, January 22, slated March 26, this year for either hearing or have a report of out-of-court settlement in the N500 million fundamental human rights suit filed by an Anglican Priest, Rev’d Tochukwu Agina against the Nigerian Navy and some Naval officers for violation of his right to dignity of his person, human dignity and personal dignity, as guaranteed under Sections 34(1) and 35(5) of the Nigerian Constitution.
The adjournment followed a request by the respondents’ counsel, Emeka Onyeka Esq. for the court to give them some time to enable them initiate an out-of-court settlement process with the applicant.
But counsel to the applicant, Ikem Nwanegbo Esq. with H. C. Udechukwu Esq. raised a preliminary objection on the ground that the respondents should have first and foremost filed their response to the allegations levied against them by the applicant before raising the issue of out-of-court settlement.
Nwanegbo said filing their response first before any other thing is very necessary to ensure that any move being made has a connection with this particular matter before the court.
Justice Onyefulu ordered the respondents to endeavour to file their response to the allegations first and then initiate the out-of-court settlement process if they so wish, on or before the next adjourned date.
The court had on December 16 when the case was first called up and neither the respondents nor their representative were in court, ordered that they should be served the originating summons through a substituted means to endure that they are in court on January 22.
Rev’d Agina had on December 16, 2025, dragged the Nigerian Navy,
Nigerian Navy Board, Chief of Naval Staff, Commander Kabiru Yusuf, Commander of Onitsha/Ogbaru Naval Base, the Naval Head, Okpotouno Naval Checkpoint, Ogbaru and yet to be identified Naval officer who allegedly brutaluzed him at the Okpotouno Naval Checkpoint on Sunday, November 30, 2025, accusing him of answering phone calls while in a commercial vehicle at the Checkpoint.
In a Motion Exparte he brought pursuant to Order 11, Rules 1, 2 and 3 of the Enforcement Procedure Rules, 2009, Sections 34, 35, 36 and 46 of the 1999 Constitution and Inherent Jurisdiction of the honourable court, the applicant, through his team of lawyers, Sir Ejike Ezenwa SAN, Sir Ben Uzuegbu SAN, Sir Ben Osaka SAN., Ikem Taylor Nwanegbo Esq., Chijioke Nwankwo Esq, Emeka Mebo Esq , H C. Udechukwu Esq. Esq., E Ibegbu Esq and C.T.bemesi Esq are seeking amongst others,a declaration of the court that the detention of the Applicant by the Respondents at their Naval Base on that fateful day is unlawful, illegal and a violation of his fundamental human rights.
In the Suit. No. O/MSC572/2025, the applicant is also seeking a declaration of the court that his harassment, humiliation and brutalization by the permission of some officers of the first respondent whose names are not known at the Naval or post at Okpotouno Naval Checkpoint, Ogbaru, was wrongful, unlawful, unconstitutional and an improper exercise of powers of the respondents and thus violates his fundamental rights to dignity of his person and personal liberty, as guaranteed in the Nigerian Constitution.
A declaration that accusing the applicant of answering phone calls at the checkpoint and ordering him to get down from the commercial vehicle he was in and detaining him at the Naval Base offends his right to movement, liberty and dignity and violates his constitutional right to freedom of movement, personnal liberty and the dignity of his person.
An order mandating the respondents to tender an unreserved apology to the applicant and also publish same in any of the national newspapers acceptable to him and for such further order(s) as the court may deem fit to make in the circumstances of the application.
