The Nigerian Bar Association (NBA) Minna Branch has achieved a significant legal victory, securing a N10 million judgment against the Nigeria Security and Civil Defence Corps (NSCDC) and three others. The case, which highlighted the unlawful assault and torture of Muhammad Kutiriko Suleiman Esq., a member of the NBA Minna Branch, reflects a landmark step in the fight for human rights and the enforcement of constitutional protections against abuse by security agencies.
The incident occurred on May 8, 2024, when Muhammad Kutiriko Suleiman Esq. was subjected to assault and torture by officers of the NSCDC. In response, the administration of the NBA Minna, then led by Mohammed Waziri Abdulkadir Esq., initiated legal proceedings against the NSCDC and its officers by filing an originating summons for the enforcement of Suleiman’s fundamental rights.
The suit sought redress for the violation of Suleiman’s right to dignity as guaranteed by Section 34(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The reliefs sought included:
A declaration that the torture and assault of the applicant by the respondents was illegal and violated his constitutional right to dignity.
An order directing the respondents to issue an unreserved public apology to the applicant.
An award of N50 million in compensation for the violation of the applicant’s fundamental rights.
Exemplary damages of N10 million against the respondents to serve as a deterrent.
In a considered Judgement on October 23, 2024, Hon. Justice Mohammed S.A. Mohammed of High Court No. 4, Minna, found in favor of the applicant and issued the following orders:
The torture and assault of the applicant were declared illegal, null, and void.
The respondents were ordered to jointly issue a written apology to the applicant, signed by all the respondents.
The court awarded N10 million as damages against the respondents for violating the applicant’s fundamental rights.
Reacting to the decision of the Court, the former Chairman of the branch, Abdulkadir Esq. said “This judgment underscores the fundamental legal principle: Ubi Jus Ubi Remedium – “Where there is a right, there is a remedy.” It sends a strong message that security agencies and their personnel must operate within the limits of the law and respect the fundamental rights of citizens. The decision emphasizes that no security officer or agency has the authority to engage in actions outside the constitutional framework.
“The court’s award of damages serves not only as compensation for the victim but also as a deterrent to other security personnel who might contemplate similar violations. It reinforces the importance of holding public officers accountable and demonstrates the judiciary’s commitment to safeguarding the constitutional rights of Nigerian citizens.
He further stated that “the NBA Minna Branch’s victory in this case reflects the Bar’s unwavering commitment to justice and human rights. It sets a precedent that will deter future misconduct by security agents and reaffirms the principle that every citizen, including members of the legal community, is entitled to the full protection of the law.”
According to him “It is a victory not just for the NBA Minna Branch but for all advocates of human rights and accountability in Nigeria.”