EndSARS: Court Dismisses Suit By Fouani Nigeria Ex-Employee Alleging Torture By Nigerian Army

A Federal High Court sitting in Abuja on Friday dismissed a lawsuit filed by an ex-employee who alleged that he was tortured by the Nigerian Army during the EndSARS protests in 2020.

The employee, Akpan S. Jonathan, had accused his former employer, Fouani Nigeria Limited, of engaging soldiers to torture him after he was suspected of being part of the hoodlums that looted the company’s stores during the protests.

Defendants in the suit were the Nigerian Army, his former employer, Fouani Nigerian Limited and Mr Mustapha Kharis, a Lebanese serving as the company’s general manager.

The applicant claimed he was arrested and detained by officers of the Nigerian Army at Mambilla Barracks, on instigation of his boss, alleging he was “beaten, tortured and given dehumanizing treatment” in detention which allegedly landed him in a hospital after he was released.

The applicant then sought an order of court for general damages against the respondents while asking the court to restrain security agencies from arresting him over the alleged invasion of his former employer’s stores.

He attached a medical report as part of his exhibits that he was tortured.

But in his statement on oath deposed before the court, Kharis, the company’s general manager in Nigeria’s northern region, stated he was not in Abuja on the day of the incident.

He also denied inviting soldiers to beat up Jonathan, adding that the noise from the plaintiff and the company’s security men attracted the soldiers who were on patrol.

Kharis maintained that during the ENDSARS protests, employees of the company whose employment were terminated were discovered to be among those who led hoodlums into the warehouse of the company and looted virtually everything in the showroom and store.

He added that the management gave security guards instructions that none of the former employees should be allowed entry into its premises following a prior notice to them.

In his written address, the lawyer representing the company and its general manager, Chief David More B. Orji, described the applicant as a gold digger whose job was terminated in 2019.

“The applicant alleged he was arrested, detained and severally beaten, sustained injury, dehumanized, the doctor’s report which is the pivot of the case, was silent on the injury,” Orji submitted while asking the court to dismiss the application.

The legal team of the Nigerian Army also denied detaining the applicant, saying during the ENDSARS protests, hoodlums arrested by the army were handed over to the Nigeria Police Force for prosecution.

In its judgement on Friday, the court found that Jonathan did not provide credible evidence to support his allegations.

The court noted that Jonathan’s medical report showed that the drugs administered to him were for malaria treatment, not injuries sustained from torture.

The court also held that the time frame within which the applicant got the medical report defeated his earlier arguments that he was immediately rushed to the hospital after the allegedly came out of detention.

“This application cannot stand and same is discountenanced by this court. As a consequence, the applicant’s application is hereby dismissed for lacking in merit, ” the court declared.