Clergyman files N500m fundamental rights suit against Nigerian Navy
A delegation of Anglican clerics and senior lawyers on Tuesday stormed the Anambra State High Court, Onitsha, in solidarity with Rev. Tochukwu Agina, a priest of the Anglican Diocese of Ogbaru, who was allegedly battered and dehumanised by naval personnel attached to the Ogbaru Naval Base on November 30, 2025.
Rev. Agina, a young cleric, was reportedly attacked and sustained bodily injuries after naval ratings accused him of making phone calls while passing through a checkpoint in Ogbaru.
Following the incident, the priest instituted a civil action at the Anambra State High Court, Onitsha, against the Nigerian Navy, seeking N500 million in damages for the alleged violation of his fundamental human rights.
In the suit, marked No. O/MSC/572/2025, the applicant contended that his rights to the dignity of the human person, personal liberty and freedom of movement—guaranteed under Sections 34(1) and 35(5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)—were unlawfully infringed.
Joined as respondents are the Nigerian Navy; the Nigerian Navy Board; the Chief of Naval Staff; Commander Kabiru Yusuf (Commander, Onitsha/Ogbaru Naval Base); the officer in charge of the Okpotouno Naval Checkpoint, Ogbaru; and other yet-to-be-identified naval officers allegedly involved in the incident.
The action was commenced by way of a Motion Ex Parte pursuant to the Fundamental Rights (Enforcement Procedure) Rules, 2009, Sections 34, 35, 36 and 46 of the Constitution, and the inherent jurisdiction of the court.
Rev. Agina is represented by a formidable legal team led by Sir Ejike Ezenwa, SAN, with other members including Sir Ben Uzuegbu, SAN; Sir Ben Osaka, SAN; Ikem Taylor Nwanegbo; Chijioke Nwankwo; Emeka Mebo; Humphrey C. Udechukwu; E. Ibegbu; and C. T. Bemesi.
In his application, the cleric is asking the court to declare that his arrest and detention by naval officers at a naval base on November 30, 2025, were unlawful, illegal and unconstitutional.
He is also seeking a declaration that his alleged harassment, humiliation and brutalisation at the Okpotouno Naval Checkpoint constituted an abuse of authority and a violation of his constitutional rights.
According to the applicant, he was accused of answering phone calls at the checkpoint, ordered to alight from a commercial vehicle and subsequently detained at the naval base—actions he maintained amounted to an infringement of his rights to personal liberty, dignity and freedom of movement.
Among the reliefs sought is an order compelling the respondents to tender an unreserved apology to him and to publish the apology in a national newspaper acceptable to him, in addition to any other orders the court may deem fit.
When the matter came up before the High Court No. 3, the presiding judge, Justice David Onyefulu, after hearing submissions from lead counsel, ordered that all court processes be served on the respondents through publication in a national newspaper.
The court adjourned the matter to Thursday, January 22, for hearing.
Speaking after the court session, lead counsel to the applicant described the alleged assault as going beyond a personal violation, saying it amounted to “an assault on the Christian faith.”
He added: “It is totally unacceptable that an innocent priest, dressed in his priestly attire, would be brutalised in public view and dehumanised without any form of restraint, even in the presence of senior naval officers at the checkpoint.”
