Written by Innocent Anaba Thursday, 12 March 2009

In her ruling, Justice Opeyemi Oke held that a prima facie case had been established against the respondents. The court subsequently awarded N25,000 as cost against the respondents.

“I hold that notice of preliminary objection and the grounds upon which same is brought is mere waste of the time of the court and it is brought in bad faith to delay the hearing of the applicants’ suit for the enforcement of their fundamental human rights. 

"I hold that the preliminary objection has no leg on which to stand or knee caps to crawl before this court. 

"It is hereby dismissed with N25,000 cost against the respondents,” the court ruled.

According to the court, the applicants had duly complied with the provisions of Order 1 Rule2 (3) of the Fundamental Rights (Enforcement Procedure) Rules 1979 and the court being satisfied that a prima facie case had been made granted them leave to enforce their rights.

“I have exercised my discretion on this application for leave for the enforcement of applicants fundamental rights judiciously and judicially, that a prima facie case has been made. I further hold that the applicants did comply with the preliminary steps for the enforcement of their fundamental rights”.

On the issues of service, the court held that the 2nd and 3rd respondents have been duly served with the originating summons, affidavit in support and the verifying affidavit”.

The court further said that the contention of the respondents that the Nigerian Navy was not served with the originating summon at its headquarters located at Plot 1092 Mohammed Buhari Way, Area 7, Garki Abuja was misconceived.

The court noted that the Nigerian Navy and unknown Naval Rating [2nd and 3rd respondents] were aware of the suit having been served through their Lagos office and represented by a counsel and that the Lagos office of the Nigerian Navy has the responsibility to pass the information to the 2nd and 3rd respondents respectively adding that to declare otherwise would only make a ridicule of the law.

The plaintiffs, Miss Okere and one Abdulahi Abdulazeez, had demanded for N100 million as damages against Rear Admiral Henry Arogundade, unknown Naval ratings and the Nigerian Navy respectively.

However, the plaintiffs in their statement of claims, are praying the court to declare that the acts of the respondents in torturing, stripping her naked, ruthless brutalizing and unlawful arrest and detention without any justification are unlawful and unconstitutional.

They prayed the court to compel the respondents to issue unreserved apologies to them for the violation of their fundamental human rights in at least four print and electronic media and for an order perpetual injunction restraining the respondents and their agents from horsewhipping motorists and putting them in apprehension through reckless driving in siren-blaring convoy.

akuluouno  # 1 | 12.03.2009 07:24

Esteemed Villagers, Let me start by congratulating the brave and learned Justice Opeyemi Oke for the ruling below Uzoma: Arogundade, Navy have case to answer, court rules Indeed the learned Judge went further to pronunce among others the comments below. "I hold that the preliminary objection has no leg on which to stand or knee caps to crawl before this court.":1love::hail: It may yet be dawn on creation day for the brazen violation of human rights of individuals in Nigeria. On the issue under discussion, I need somebody to break it down for me. I know that Peter Alexander was the one formerly known as Ashikiwe Adione-Egom and his left wing economic views seem too revolutionary for conservatives like me:D

Robot  # 2 | 12.03.2009 00:16

Uzoma: Arogundade, Navy have case to answer, court rules. Written by Innocent Anaba Thursday, 12 March 2009 A Lagos High Court yesterday held that it has jurisdiction to hear the assault suit brought by a Nigerian citizen, Miss Uzoma Okere, against Rear-Admiral Harry Arogundade and the Nigerian Navy, after it dismissed the objection by the Navy. Following Okere’s assault suit against six naval ratings who were in Arogundade's convoy, the Navy filed a preliminary objection, that the court had no jurisdiction to hear the matter. In her ruling, Justice Opeyemi Oke held that a prima facie case had been established against the respondents. Thecourt subsequently awarded N25,000 as cost against the respondents. “I hold that notice of preliminary objection and the grounds upon which same is brought is mere waste of the time of the court and it is brought in bad faith to delay the hearing of the applicants’ suit for the enforcement of their fundamental human rig.. .Read the full article.

nijalaw  # 3 | 12.03.2009 09:11

Just when one thought it's going to be swept under the carpet.:no::no::no: Some cheering news comes up on this issue.:hail::hail::hail::hail: A long way to go but I hope that justice shall prevail.:pray::pray::pray:

Uwaa Sef  # 4 | 12.03.2009 11:34

Hopefully, he'll stop being Arrogantdude after this. Later

valteena  # 5 | 12.03.2009 11:43

Possitive development. It's not yet uhuru though as we wait to see how the case progress. The case is just beginning lol.

ajimoh  # 6 | 12.03.2009 13:27

It would appear that months after the Navy submitted its report to the Presidency the latter is still studying, massaging, closeting, etc that report and one wonders why! That a prima facie case is made out against the Navy and Rear Admiral Arogundade, jointly and severally, has never been in doubt and the High Court has just confirmed the view also held by the majority on this forum, save a predictable few. Hopefully, those arguing that Arogundade was not culpable because he was not there when Uzoma was assaulted are now able to follow the pendulum of justice.

aguabata  # 7 | 12.03.2009 13:45

Please people dont be decieved. This is a civil law suit. There was a panel set up by the presidency to investigate and report their findings in two weeks. We have not heard anything on that report, no news from any military court. It is obvious the presidency doesnt want to send a signal through this incidence. if the Navy feels that the Presidency is not disgusted by Arogunde's act they wont be scared of a civil court, It will be a tough fight for a civil court to deal a sizeable blow on the Navy. To my understanding a civil court cant jail a military personnel.

Namio  # 8 | 12.03.2009 14:25

Naval officer loses plea in alleged assault suit By Blessing Eghagha, Guardian A LAGOS High Court yesterday dismissed the preliminary objections raised by Rear Admiral Harry Arogundade in the resumed hearing of the suit instituted against him by Lagos State government over the alleged assault on Miss Uzoma Okere. The court ruled that the objections were a waste of its time. Arogundade had urged the court to dismiss Okere's application on grounds that she did not seek the leave of court before filing the originating summons. He also argued through his counsel, Lawrence Imolode, that the applicant failed to file a verifying affidavit in support of the motion. Besides, Arogundade said he was not served the court's processes, submitting that the entire suit was an abuse of court's processes. He had also contended that the court lacked the jurisdiction to entertain the matter. But in response to these claims, counsel to Okere and Head, Office of the Public Defender, Mrs. Omotola Rotimi, told the court that Arogundade's objections were "frivolous and malicious", and intended to prevent Okere from exercising her fundamental human rights. She pointedly asked Imolode: "How come you are here representing the admiral if you had not been served the court's processes?" Dismissing the objections with a N25,000 cost, the trial judge, Opeyemi Oke, observed: "The days of sticking to technicalities of the law instead of justice is gone. We should not see technicalities as a wrestling or boxing match". She ruled that though the applicants had filed the motion ex-parte under a wrong order, "it however, does not vitiate the entire process. If a court has jurisdiction and an order is wrongly made, this does not affect the jurisdiction of the court". Okere was allegedly assaulted by naval ratings attached to Arogundade late last year when she purportedly blocked the naval chief's convoy. Lagos State Governor Babatunde Fashola had condemned the alleged assault, saying that the state would not tolerate such. He ordered the Office of the Public Defender, an arm of the state Ministry of Justice, to institute the suit against Arogundade.

ikwerreman  # 9 | 12.03.2009 14:31

This case will not go away like other cases because it was celebrated with footages on the Internet and on TV.

fxo  # 10 | 12.03.2009 14:36

A civil court can convict a military personel, if he/she is involved in a criminal act. Even if the military do not cooperate with the court, the fellow would have his records tarnished, and should kiss any political office or even a position of relevance in the private sector goodbye. Sometimes all you need is a symbolic ruling to set a precedence.

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