By Chuks Eke—-
Anambra State High Court No. 3, sitting in Onitsha and presided over by Justice David Onyefulu, has adjourned the £270,000 fundamental rights claim filed by Anglican Priest, Reverend Tochukwu Agina, against the Nigerian Navy to 14th April, for the adoption of a proposed out-of-court settlement agreement.
Both parties are to file this agreement with the court before the adjourned date.
Justice Onyefulu announced the date following submissions from Sir Ejike Ezenwa SAN, lead counsel for the applicant, and Emeka Onyeka Esq., counsel for the respondents.
He ordered both parties to ensure the settlement agreement is filed in court prior to the next hearing for adoption.
The Judge assured them that the court would likely approve any out-of-court settlement deemed suitable by both sides.
The court also commended both parties for their willingness to resolve the matter amicably, in the interests of justice.
When the case was called, the applicant’s lead counsel, Ezenwa SAN, alongside Ikem Nwanegbo Esq., Humphrey Udechukwu Esq., and B. I. Uduma-Udo, informed the court that discussions towards an amicable settlement were well advanced.
He explained that Commander Kabiru Yusuf, Commander of the Onitsha Naval Base, had demonstrated a strong and consistent commitment to resolving the matter peacefully.
Describing Commander Yusuf as a model 21st-century military officer, Sir Ezenwa further informed the court that the commitment shown by Mr. Onyeka, Commandant Kabiru Yusuf, representatives of the Anambra State government, and the leadership of Ohanaeze Ndigbo in Anambra State – who visited his law firm to advocate for an out-of-court settlement – had encouraged the applicant to accept peaceful resolution following extensive discussions.
He stated that while the terms of settlement had not yet been finalised and submitted to the court, they would be shortly.
In response, Emeka Onyeka Esq., counsel for the respondents, commended Sir Ejike Ezenwa SAN for his exemplary handling of the peaceful discussions, noting that his conduct had facilitated the resolution of the dispute.
The applicant, Reverend Tochukwu Agina, an Anglican priest attached to Ogbaru Diocese in the riverine area of Anambra State, had brought the claim against the Nigerian Naval Board, the Chief of Naval Staff, the Nigerian Naval Base in Onitsha, Commander Kabiru Yusuf, and the naval officers who allegedly manhandled, brutalized, detained, and seized his phone on Sunday 30th November 2025 at their Odekpe Naval Checkpoint in Ogbaru. The alleged incident occurred after Reverend Agina answered a phone call while travelling on board a commercial vehicle.
The applicant’s Motion No. 0/MISC.572/2025, brought pursuant to Order 11, Rules 1, 2 and 3 of the Enforcement Procedure Rules 2009, Sections 34, 35, 36 and 46 of the 1999 Constitution, and the inherent jurisdiction of the Honourable Court, seeks a declaration that the respondents breached his fundamental human rights and dignity, as guaranteed under Sections 34 (1) and 35 (5) of the Constitution.
