A Federal High Court sitting in Lagos has dismissed a fundamental rights enforcement action seeking N3.7 billion in damages against the Nigerian Navy, describing the suit as lacking in merit and an abuse of court process.
The action, filed by a retired naval officer, Vice Admiral Dada Labinjo (Rtd.), in suit No. FHC/L/CS/1860/2025, also joined the Attorney General of the Federation and two others as respondents.
The Applicant, represented by lead counsel Andrew C. Igboekwe, SAN, had alleged that the Navy violated his fundamental rights to personal liberty and freedom of movement. The core of the grievance centered on a “signal” purportedly issued by the Navy for his arrest.
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Prior to the court’s final ruling, the matter had sparked public interest when the Nigerian Bar Association (NBA), Lagos Branch, staged a demonstration on September 10, 2025. At the time, NBA Lagos Chairman Uchenna Ogunedo Akingbade condemned the Navy’s actions, stating:
“The Nigerian Bar Association, Lagos Branch… hereby issues this Notice of Protest. This protest has become necessary to spotlight this anomaly and seek immediate redress for the infringement of the fundamental rights of Vice Admiral Labinjo (Rtd.).”
However, counsel to the Nigerian Navy, Ekpedeme Nelson Iyoho Esq., robustly opposed the application. Iyoho argued that Labinjo failed to establish a reasonable cause of action to activate the court’s jurisdiction under Section 46(1) of the 1999 Constitution.
A pivotal point of the defense was the authenticity of the evidence presented by the retired Admiral. Iyoho noted that the purported arrest signal, labeled “Exhibit I,” was an unsigned document.
“The effect of an unsigned document is now trite in law as same is worthless without any legal consequence,” Iyoho argued. “The entire matter is left in the realm of speculation for the court to conjecture.”
The Navy’s counsel further alleged that the suit was a tactical maneuver intended to “bully, harass, irritate and intimidate” the respondents to distract from a pending appeal regarding a substantive judgment.
Delivering judgment on April 2, 2026, Hon. Justice Lewis Allagoa upheld the arguments of the Navy. The trial judge found that the applicant failed to prove a breach of fundamental rights, particularly given the reliance on unsigned instruments that lacked legal efficacy.
Justice Allagoa subsequently dismissed the entire action for lack of merit, bringing an end to the multi-billion naira claim against the military institution.
