FEDERAL HIGH COURT DISMISS CASE AGAINST CHIEF OF ARMY STAFF AND 6TH BRIGADE COMMANDER
The Federal High Court, Jalingo, presided over by Hon. Justice Mashkur Salisu, has dismissed a case filed against the Chief of Army Staff and the Brigade Commander of the 6th Brigade. The court’s ruling, delivered on January 20, 2025, found the case to be lacking in merit due to insufficient evidence.
The case was initiated by Ardo Sahe Musa, who claimed that he was unlawfully detained by the Nigerian Army. Musa sought redress under the Fundamental Rights Enforcement Procedure Rules, alleging that his detention was a breach of his fundamental rights. He prayed the court for several reliefs, including:
– A declaration that his arrest and continued detention since December 16, 2023, without proper arraignment and trial, was unlawful and unconstitutional.
– An order directing the unconditional release of the applicant forthwith.
– An order of perpetual injunction restraining the respondents from further interfering with the applicant’s fundamental human rights.
– An order directing the respondents to pay the applicant the sum of N100 million as compensation for the unlawful detention.
– An order directing the respondents to publish an unreserved written apology to the applicant in at least two national dailies.
However, the defense attorney, V. T. Tortsugh, Esq., representing the Chief of Army Staff, successfully argued that the Brigade Commander was not a juristic person and therefore could not be sued. The court agreed with this argument and struck out the Brigade Commander’s name from the case.
In its ruling, the court noted that the applicant’s affidavit evidence was inconsistent and lacked substance. The court held that the applicant had failed to provide sufficient evidence to support his claims, and therefore, the case lacked merit.
The judge concluded, “Consequently, I hold that the Applicant’s Affidavit has woefully failed to situate and or pin down the Respondent against any breach of his Fundamental Right. I therefore resolve the lone issue I raised in this Judgment against the Applicant, as he has no legally recognizable right that has been breached, to which this Court can come to his aid.”
This ruling is a significant victory for the Nigerian Army and underscores the importance of substantial evidence in legal proceedings. The court’s decision serves as a reminder that claims brought before the courts must be backed by legitimate evidence, and that the judiciary will not hesitate to dismiss cases that lack merit.
The Chief of Army Staff and the Brigade Commander have been vindicated by the court’s ruling, and they can continue to carry out their duties without the burden of unfounded allegations.
