Ezugwu in the suit filed through his Counsel, Dr M.V.C. Ozioko, listed the Nigerian Army, Private Ben Tserservey, Private Mohammed A, Private Ukam, Oke Hyacinth Ayogu and HYMAC REAL Ltd as 1 to 6 Respondents.
A retired Assistant Controller General of Immigration, Mr Okey Ezugwu has sued the Nigerian Army for N100 million damages over an alleged use of its personnel to violate his fundamental human rights.
In a federal lawsuit marked Suit No: FHC/EN/CS/112/2023, filed on August 15, 2023 at the Enugu Division of Federal High Court, Ezugwu accused Private Ben Tserservey, Private Mohammed A, Private Ukam and other soldiers assault, holding him hostage, destruction of his CCTV cameras, phones without provocation on the instructions of one Oke Hyacinth Ayogu, Executive Director of HYMAC REAL LTD.
The suit which is a matter for Enforcement of Fundamental rights to dignity of the human person, personal liberty, property and private and family life; commenced by way of Motion on Notice, and brought pursuant to Section 1 and Articles 5, 6, 9 and 14 of the African Charter on Human and Peoples Rights Ratification and Enforcement) Act 2004; Sections 34 (1) (a), 35(1), 37, 43, 44 and 46 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Order 2 Rules 1,2,3, and 5 of Fundamental Rights (Enforcement Procedure) Rules 2009 and under the inherent jurisdiction of the Honourable Court.
Ezugwu in the suit filed through his Counsel, Dr M.V.C. Ozioko, listed the Nigerian Army, Private Ben Tserservey, Private Mohammed A, Private Ukam, Oke Hyacinth Ayogu and HYMAC REAL Ltd as 1 to 6 Respondents.
Among the reliefs the retired ACG Immigration sought from the court include: "A DECLARATION that the continuous and repeated invasion hy the Respondents of the Applicant's premises situate and known as Plot P/23CD Independence Layout, Enugu with heavy arms and ammunition particularly on Wednesday 12th July 2023 and the consequent maltreatment, harassment, intimidation and infliction of inhuman and degrading treatment on the Applicant including holding him hostage for many hours constitutes a breach of the Applicant's Fundamental Rights to the dignity of the human person and personal liberty as guaranteed under Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 5 and 6 of the African Charter on Human And Peoples Rights (Ratification And Enforcement) Act Cap A9 LFN 2004.
"A DECLARATION that the invasion of the Applicant's premises at Plot P/23CD Independence Layout, Enugu on Wednesday 12 July, 2023 by the Respondents and forceful seizure by the Respondents of the Applicant's mobile phones, IPAD Device, Power Bank and dismantling and destruction of CCTV Cameras installed by the applicant in his said premises as well as destruction of all the information stored on his said mobile phones are illegal, unlawful, unconstitutional, and constitute a violation of the Applicant's right to private and family life and to property as guaranteed under Sections 37, 43 and 44 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 14 of the African Charter on Human and Peoples Rights (Ratification And Enforcement) Act.
"AN ORDER of this Honourable Court restraining the Respondents whether by themselves or by their agents, and or servants, privies or whosoever from further invasion of the Applicant's said premises or further intimidation, harassment and subjection of the Applicant to inhuman and degrading treatment or destruction of his properties or devices thereon.
"AN ORDER of this Honourable Court directing the respondents, their servants, agents or privies to replace and/or re-install the CCTV Cameras they destroyed and carted away from the premises of the Applicant.
"The sum of N100,000,000.00 (One Hundred Million Naira) only being compensatory damages against the Respondents jointly and severally for unlawfully and flagrant violation of the Applicant's Fundamental Rights as enshrined under the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act."