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Navy appeals judgment on Uzoma Okere

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The Nigerian Navy and Harry Arogundade, a rear admiral, have filed an appeal before a court in Lagos over the judgment of a Lagos High Court in the case brought against them by Uzoma Okere and Abdullahi Abdulazeez for assault.

The High Court in Igbosere had on January 27, ruled that the applicants should pay the sum of N100 million, amongst other reliefs, to Ms. Okere and Mr. Abdulazeez.

Justice Opeyemi Oke had on January 27, 2010 delivered a judgment in the matter instituted by Ms. Okere and Mr. Abdulazeez against the respondents – the Navy, Mr. Arogundade and four naval ratings – for violating their fundamental human rights. The applicants had asked the respondents to pay the sum of N100 million as damages.

Appeal

However, not satisfied with the court judgment, the Navy and Mr. Arogundade have filed an appeal through their counsel, Lawrence Imolode.

They also joined the four naval ratings; CI Jeremiah, SA Kenigua, SA Bullem and Lieutenant Okoloagu, who never appeared in the substantive suit as co-respondent.

In the notice of appeal, the applicants contended that the award of general damages in the sum of N100 million jointly and severally in favour of Ms. Okere and Mr. Abdulazeez, alongside other declarative reliefs is “sentimental, excessive, and manifestly unsupportable in law in the face of the evidence available to the court.”

They said the lower court premised the grant of the reliefs sought by the applicants on emotional consideration and not on any judicial authority.

Also in the notice, the appellants held that the trial judge erred when it refused to allow the applicants cross-examine Ms. Okere with regards to the event that happened on November 3, 2009, in which Ms. Uzoma was beaten, stripped naked and detained unlawfully.

They stated that if the court had allowed them to cross-examine Ms. Okere, it would have seen that Mr. Arogundade was not at the scene of the incident and that the four naval ratings were acting in aid of civil authority pursuant to Section 239 Armed Forces Act, CAP20 LFN 2004.

In addition they argued that there was no evidence before the court to show that Mr. Arogundade directed, authorised or ratified the conduct of the naval ratings.

A date is yet to be fixed for the hearing of the appeal.

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Reader Comments (53)


Posted by dolandy on Feb 09 2010

Whether the REAR ADMIRAL was there or not, it's obvious the other four naval ratings were carrying out this on their oga's behalf.

Posted by CountryMan on Feb 09 2010

acting in aid of legal authority to beat, strip naked, terrorize and humiliate a citizen...harry my boy, start looking for another job...

Posted by Augustine Kalu on Feb 09 2010

It is unfortunate that Nigeria has a very shameful and irresponsible navy that does not believe in the civil rights of the nigerian citizenry. It is only in Nigeria that security agencies charged with the responsibility of protecting lives engage in effective destruction of the lives. The attitude of the navy can only be explained in terms of shamelessness. Otherwise, how can any one justify the navy's refusal to discipline its officers, who, went all out to destroy the lives of nigerians for reasons only that they did not disappear on sighting them. The navy and its officers must realize that beyond the judiciary, there is a day of judgment, and that one day they will necessarily retire from the service, and must then reap all that they are currently planting. The judgment of God is unappealable and irreversable.

Posted by Sumene, Kaborloomene on Feb 09 2010

I believe, this will set an example to those who called theirself Nigeria law-enforcer.The degree of which human abuses is been violated is not worth to ride home with.I thank, the citizenry of Nigeria are now comming up to exposed this radical officers.

Posted by Bazabakwai! on Feb 09 2010

Okay, the accident did not happen. Abi? All the video evidence on the internet was fabricated by crazy, navy hating Nigerians!! You people no just get shame! ordinary shame una no get!

Posted by giwa on Feb 09 2010

miss okere, your 100m hope dimmed further. you have to wait for now but i advised that you better settle out of court.

Posted by CountryMan on Feb 09 2010

they are stated rules and regulations guiding the utilization of military men to act in aid of civil authority...there was no breakdown of order as happened in jos, the police did not send any signal to the chief of defence staff to mobilize the naval ratings...in other words, it is only someone of the rank of rear admiral who could make an on the spot assessment and immediately order the ratings to so act...guys pay up, and stop disgracing yourselves

Posted by SJ. Onu, esq. on Feb 09 2010

You see, this is why lawyers are insulted on a regular basis. Cant the Navy counsel advise them on the danger of this appeal? It wont mitigate the JUDGEMENT of the HIGH COURT, but rather agravate it on appeal. The duo may just be given extra cash on this appeal. They should wait patiently.

Posted by Omo Alhaja on Feb 09 2010

People, fair is fair. I do not understand why the NAVY is appealing but I do understand Admiral Arogundade's grouse. I saw that video on YouTube. No officer came down from the Peugoet 406. The lady herself stated IMMEDIATELY after the incident that she was taken directly to a house and Arogundade came out of that house (not a vehicle in the same convoy) to apologise to her and have her given a shirt. Also according to her, he said she was lucky not to have been killed by the naval ratings (this could be variedly interpreted but appears not to have been reported in evidence before the Court). Was there any credible evidence before the court that Arogundade directed or authorised the violent proceedings (whether personally or via mobile phone or radio)? If there was, I'm sure it would have been reported by now. If there wasn't, then Arogundade's appeal will surely succeed. On the other hand, the appeal of the Navy should not only fail disgracefully, I hope Ms. Uzoma files a cross-appeal and the Court of Appeal finds a basis to increase the award of damages. The Navy's defence (in aid of civil authority) is not only contemptuous of that very civil authority, it indicates a total lack of contrition that should be heavily punished by an additional award of general damages.

Posted by Vic on Feb 09 2010

Harry my boy, u re fired. But 1st pay up so we settle Ms Okere and Abdul.

Posted by Emeka on Feb 09 2010

The appeal will only delay the N100m, but Niga Navy must pay that money. All they're speaking now is Oyibo. The money must be paid by the Navy, then Harry's salary, pension, benefits and that of his men will forever be hit indefinitely to reimburse the Navy.

Posted by ASAGIDIGBA on Feb 09 2010

Harry boy! Sorry ooooh. This is pay back time. The more the lawyer appeal, the more money he makes from you babarians in uniform. Now you know 'uniform na cloth, no tailor dey sow am' ala Fela.

Posted by Ofoezie Obinna on Feb 09 2010

The appeal court judge should double the judgement in favour of Uzoma. The judgement should now be =N200m & apologies in all newsprint, Tv & radio stations in the country

Posted by bunmi,lagos on Feb 09 2010

Outright display of foolishness. Pay the damages and let other people like you learn never to beat woman.

Posted by johnkuzo on Feb 09 2010

Okay guys lets allow the Navy and Harry to test the courts.Are we in a democracy? so ride on guys! my only issue with this is that it would give the judiciary more opportunity to cut them(Navy et al.) to size.

Posted by randomusing on Feb 09 2010

It is not so much about the money but that these brutes are appealing the ruling. This means they have come to realize that even the almighty uniformed men, whatever their rules of engagement, are still subject to the law of the land. That in itself is a sign of better things to come.

Posted by rash baaba on Feb 09 2010

i think the judge know what is obtainable by asking the the navy & harry to pay such token.if it were in a sharia state where women are higly regarded by now harry would av been in grave but i will advice you pray such thing happen to your daughter(millenium animal)

Posted by Al Hakiu on Feb 09 2010

' ... that Mr. Arogundade was not at the scene of the incident and that the four naval ratings were acting in aid of civil authority pursuant to Section 239 Armed Forces Act, CAP20 LFN 2004...' Sometimes you wonder which Law School some lawyers went. How can this Navy lawyer say such as the above? Obviously speaking out of both sides of his mouth here. As CountryMan said, were there any distress signals from the IGP or even the Lagos CP asking for the help of the Navy? And if indeed there was, was the signal sent to the four Naval ratings in Harry Aro's convoy? Of course, only a person of the rank of Rear Admiral and above could have properly assessed the situation and ordered the deployment of troops (the Naval ratings). Joining the Naval Ratings at this point is risky because they will try to save their own skins too as the move is obviously meant to save Harry Aro's career. They will insist that they were acting on orders, and the question will be: Who gave the orders?

Posted by kanu on Feb 09 2010

so the navy brutes callesd henry arogundade and his ratings are still with the navy? oh why cant God destroy this hell called nigeria? why should Haiti not be spared and instead nigeria and its looters be wiped out by severe quake? i think i will rather take up Sao Tome citizenship than retain that of nigeria where politicians use their citizens for rituals, empty the treasury of thier land and launder thier loot in western countries that enslaved us. Worse still, where anarchy loosed upon the ruled. God and african land will punish all of una.

Posted by Beauty on Feb 09 2010

“sentimental, excessive, and manifestly unsupportable in law in the face of the evidence available to the court.” Fine, how much does the Nigerian Navy put on its abuse of fundamental human rights? Jail time, compensation or both? How about the damage done to Nigeria via Youtube?

Posted by boggy on Feb 09 2010

Am surprise at all these comments by Nigerians the truth is the lady can never get any money from Harry or the Nigerian navy. Bet that!

Posted by Ben on Feb 09 2010

QUOTE: "They said the lower court premised the grant of the reliefs sought by the applicants on emotional consideration and not on any judicial authority." @ Harry and company - What is the value you place on the dignity of a Human being? What if it was your wife or your own daughter that got humiliated that way? No amount of money can restore that. this is only a deterrent to other beasts like you, who have no regard for the law as a tool for maintaining order and sanity in the society.Pay up now and hold your heads in shame!

Posted by D-Law on Feb 09 2010

The judiciary has a responsibility to set a standard here not only should this judgement be based upon sentiment ... it must be punitive rampant blatant misconduct by Public trust organizations and their officials. A precedent must be set here so that the Nigerian people acquire a right to be heard and treated fairly. This is far more important than the N100 Million this young lady will be awarded if fact no price is to high to pay for it. Hopefully this hearing will be expedited through the court system and that ultimately the judgement will be upheld by the Supreme Court .... Justice, if anything, must be seen to be done.

Posted by Y56 on Feb 09 2010

@boogy, I can bet with u on that.If she wins at the Appeal court and probably at the Supreme Court, she will collect her money.If u are ignorant, ask questions

Posted by Mimi on Feb 09 2010

N100 million as damages paid in a Nigerian law suit? It does seem quite sensational, but I do hope the Navy do not win this appeal!!! LOL I think it is important that we not lose sight of the implications of this victory.....No longer will members of the Nigerian Armed forces think and act in ways that show us that they believe that they are above the law. Hopefully, as a people, we will also learn that we need not shove people around before we can make our point. If the army does have such "civil authority", then it is obviously not well seated in the constitution, when they feel the need to use brute force to assert said authority. I saw that video and it was typical of what happens in Nigeria....The lesson is for the army to uphold their "civil authority" in ways that are law-abiding and they must understand the concept that whatever their authority, we do have a right to stand up for ourselves in the face of such physical abuse. Hopefully, the laws of the land will take up the challenge to better enunciate and defend the rights of the Nigerian.

Posted by CountryMan on Feb 09 2010

omo alhaja...the military dances to a different dance beat...if harry was not around and the ratings acted wrongly, then it shows that harry cannot control the boys under him and is not qualified to be an officer, the navy that made him one, is liable and culpable...the four ratings were under the direct command of rear admiral harry and carried out his direct orders, in their words, to aid civil authorities...but even during war time, there is a code of conduct called the geneva convention...which should apply more in traffic control situations....most importantly, the ratings or harry have NOT been court martialed or undergone orderly room trial after the incident...thus their actions were condoned by the navy...

Posted by Wale on Feb 09 2010

Even if Uzoma wins again. How she go take enforce to get dis millions nau?

Posted by Bobby on Feb 09 2010

"it would have seen that Mr. Arogundade was not at the scene of the incident and that the four naval ratings were acting in aid of civil authority pursuant to Section 239 Armed Forces Act, CAP20 LFN 2004." The above statement shows you the arrogance and stupidity of these so called animals in uniform. This shameless man should just resign. Nothing in my view can justify how a lady can be beaten and treated like that - imagine if it was his daughter. Only in a barbaric cesspool of a society where animals run the society can this ever happen. The fact that the Nigerian Navy would actually be joined to the suit just shows you the level of morality in the forces. Nigeria and its instituition are a disgrace and I count myself fortunate that I don't have to live with it. What a shame!

Posted by US_Yankee on Feb 09 2010

Shame on them, they are there to protect Nigeria and Nigerians not abuse them. Why are they appealing? The Admiral should have been retired, and the corporals court marshaled. Shame on the Navy. Animal in human skin.

Posted by CountryMan on Feb 09 2010

hakiu...it is trite military law that you do not obey an unlawful order...that spurious defence was routinely thrown out during the german nurnberg and numerous nigerian coup trials...

Posted by Buddy on Feb 09 2010

Why is the money part an issue? The matter still remains that Harry and his goons and their likes are not going to escape this;they may hide and the truth may tarry ....but when it is the appointed time justice will come and the wish of the Nigerian people will be granted. These people no dey get shame sef. Mr Lawyer , sha dey make money dey go.

Posted by esume on Feb 09 2010

@Wale and omo alhaja, Uzoma go collect the money neat!! The navy is funded by us - taxpayers. They have a yearly budget which is processed through the ministry of finance. The court only need to ask the amount be deducted direct from source and let the navy, harry and his boys settle internally. For not taking any decisive action against these brutes the navy is also liable. Am not a lawyer but judgements like this will go a long we in curbing our ragtag military of their excessess

Posted by Mr Timothy Udoh on Feb 09 2010

This case has just began. It will drag until all naval personnel involve retire from service and at the end only 200,000t is given to her.She better settle out of court.

Posted by SARDAUNA AMODU on Feb 09 2010

That judgment, to me is sentimental, bogus and has made mockery of a reasonable judgment in the instant case. N100 million for assault! Abeg. You will see that the appeal court will definitely destroy it eventually. The judgment is sentimentally awarded, sensational, period. Might be it was given because of the outcry from the public. How does an act committed by my servants translate to my giving the order even when it was clear that I was not at the scene of the incident? I advise the counsel to the young lady to go for settlement after the appeal case because it will be destroyed and at the end there will be no reasonable compensation.

Posted by tope on Feb 09 2010

they can even go ahead to the supreme court but nothing will stop them from paying compensations in millions to the lady.God bless the judge.

Posted by naija guy on Feb 09 2010

This is a good case to appeal; with good reason too, and I hope it goes all the way to the Supreme Court to at least set a precedent. It would definitely allow the courts to once and for all set a limit (or not) to this "aid to civil authority" the Navy's lawyer cited. But when is the appeal date? It is definitely a case worth folowing.

Posted by anyway on Feb 09 2010

Who says that democracy is not working in Nigeria? Before who will give this type of judgement against the barberians in Nigeria. Thank God for democracy even don dey don't provide anything for poor Nigerian this isgood enough for the powerless against this barberians in uniform

Posted by GodHelpNaija on Feb 09 2010

Which kain country be dis sef? Anywhere bele face naim be front.

Posted by Papalolo on Feb 09 2010

Please do not provoke the military. N100m is too excessive and I believe the judgement is sentimental. Equity and fairness should be observed and seen to so.

Posted by mike king on Feb 09 2010

abeg where is the next millitary convoy make i go stand for road make them beat me

Posted by Dread10ck on Feb 09 2010

In any civilised society, the navy would be too embarrassed to appeal and would quietly pay the damages. Nigeria it seems does not fall into that category. Harry Arogundade and his incompetent gang of woman beaters have only themslves to blame. The appeal court (if it's not been bought over) shold increase the damages!

Posted by ADESINA AKANO on Feb 09 2010

MOST OF THE CONTIBUTORS ARE OVEREMOTIONAL IN THEIR JUDGEMENT. AGREED WHAT THE MEN IN UNIFORM DID IS BARBARIC, I NEVERTHELESS SEE THE AWARD OF 100 MILLION COMPENSATION TO BE TOO EXTREME ESPECIALLY WHEN THE TRIAL JUDGE RULED TO INSULT THE 2 STAR NAVAL OFFICER INVOLVED IN THE CASE AND ALSO DIRECTED THE NIGERIAN NAVY TO APOLOGISE TO NZOMA AND HER FRIEND .....CAN NZOMA AND FRIEND QUANTIFIED THEIR LOSSES TO WORTH 100 MILLION ? THE HUGE COMPENSATION IS PROBABLY THE HIGHEST EVER AWARDED IN THIS TYPE OF CASE IN NIGERIA..... GENTLEMEN , I TOO LIKE TO BE BEATEN BY A GENERAL TO EARN SUCH A FAT DAMAGES.

Posted by babafemi on Feb 09 2010

@Giwa, are u kidding me??? out of court settlement??? Your wife??? Your daughter??? Your very own mother??? Your cousing??? Your Godmother??? Just think about it. It could be you!!!

Posted by babafemi on Feb 09 2010

Anybody wondering who gave the orders??? Go see the movie "A Few Good Men".

Posted by babafemi on Feb 10 2010

@adesina akano, I have no doubt in my mind that you are a military/paramilitary personnel but I declare my admiration for your insensitivity and shortsightedness (just like your shameless woman-beating colleagues). It is people like that litter the baracks with throngs of homeless and misguided children because you see a woman as nothing else but a baby-maker. Myopic ingrates!!! Dare to touch a woman and I assuere you that your judgement will be "death by hanging".

Posted by YOUNG BRAIN on Feb 10 2010

IT IS A PITY THAT PEOPLE DONT THINK BEFORE THEY TALK THESE DAYS IN NIGERIA. MANY OF YOU ARE WORSE THAN ANDOAKAA AND MADUEKWE AS MINISTER. HOW CAN JUDGEMENT BE GIVEN ON WRITTEN EVIDENCE ALONE WHEN THE DEFENDERS WERE ALIVE AND THEY OBJECTED TO THE JUDGE POSITION. MOST COMMENTATOR HERE WERE TOO OVER EMOSIONAL ON THIS ISSUE. HARRY AND HIS BOYS ARE ALSO NIGERIANS AND THEY HAVE THERE RIGHTS AS CITIZENS. I AM STILL SUPRISED THAT SHE WAS BEATEN WHEN SHE WASNT THE ONLY ONE ON THE ROAD. SHE WAS NOT WELL BROUGHT UP AND SHE IS ALSO A PRODUCT OF THE BARRACK. SHE CLAIMED HER FATHER WAS ALSO A RETIRED OFFICER AND SHE HAS THE GUY THE COME DOWN FROM HERE CAR TO CHALLENGE RATING. NO EVIDENCE SHOWED SHE WAS DRAGGED OUT OF HER CAR OR SHE WAS BEATEN IN THE CAR. SHE SHOULD BE CHARGED FOR CIVIL DISTURBANCE. THE JUDGE SHOULD ALSO APPOLOGYSE FOR ABUSING THE NAVY, HARRY AND HIS BOYS BY TAKEN UNDUE ADVANTAGE OF HER PROFESSION AND OFFICE. EFCC SHOULD ALSO LOOK INTO THAT. DONT WANNA TALK MORE. GOD BLESS NIGERIA

Posted by FeYiSoLa on Feb 10 2010

All well said.. Hw long is this appeal gonna take? 2years? 3years?? Forever??? May God help them through...

Posted by N J Ogundare on Feb 10 2010

Anyone who judges a matter based on gender will surely go to hell.I appreciate everyone who had placed comments on this matter,it reflects the kind of nation we found ourselves.I believe no right thinking humanbeing will naked a woman for no course.Let the woman examine are concesens before placing the hard built career of fellow Nigerians on the scale or dash-board just to gain 100m.There is judgement after death.If ms okore is paid 100m,then what happened to other Nigerians who had been humiliated by other segment of Nigerian Military.Navy will surely win the appeal as God lives.

Posted by MOTO on Feb 12 2010

what happened to the navy? i use to have a lot of regard for them. the police may afterall be better.

Posted by obinna on Feb 13 2010

granted that the assault on ms okere and her friend was excessive,but what comes to mind is what and what did she do for her to be beaten to that extent? anyway that's by the way.the damages if allowed to stay portends bad omen for the nation.the country is not matured for the huge amount of damages especiallly when we require the military boys to come to the aid of civil authority over and over again.that is to say that the military needs to be respected still in this country as people hardly do the right thing unless coerced.

Posted by Samuel Malik on Mar 09 2010

I am very sure the Navy is going to lose the appeal. They cannot be excused for the flagrant abuse of human right.



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