Dr. Perry Issa Brimah Vs The Nigerian Army: Ruling: Nigerian Army Has No Right To Declare Citizens Wanted, Abuja Court Rules.
Dear Dr. Brimah,
We are glad to inform you that we have finally secured the certified true copy of the judgment that was delivered on the 4th May, 2020 at the Federal High Court, Abuja by Hon. Justice Ijeoma L. Ojukwu. You will recall that the matter at the Federal High Court questioned the power of the Nigeria Army to declare you wanted.
The ratio of Her Lordship is as follows at pages 15 and 16;
"However, it must be stated here without equivocation that the defendant ( Nigeria Army) has no right to declare the Plaintiff (Dr. Perry Brimah) wanted without following the appropriate procedure. The Defendant ( Nigeria Army) cannot arrest the Plaintiff ( Dr. Brimah) arbitrarily without making a formal report to law enforcement agency with the mandate to enforce law and order, otherwise it would transmute to self-help. The duty of the defendant is to make a formal report to the appropriate authority like the police and await the outcome."
And in conclusion at page 16, the Court held as follows;
" It is hereby declared that: The Army of the Defendant has no vires to declare the plaintiff wanted without due process of law. This case fails in part and succeeds in part to the extent
of the above declaration."
It should be noted that we do not agree with the Judgment in certain areas such as the issue on the need for us to sue the newspapers against the Army and it would also appear that the court misconstrues the point on the publication by the Nigeria Army. This is more imperative in view of the fact that the Army did not even dispute the publication rather they justified it. It is therefore curious when the court seems to be defending them on this point.
Subject to your view of this point, it is a point that may be considered for an appeal.
A certified true copy of the Judgment is attached for your consideration and record.
Once again thank you for the confidence reposed in us.
Cheers and do stay safe.
KASHOPEFOLUWA OLAWALE,BALOGUN ESQ. LL.B, BL,LL.M, MBA
Legal Practitioners , Arbitrators & Notary Public