Arogundade denies ordering assault on Uzoma

Written by INNOCENT ANABA
Thursday, 19 March 2009

REAR-ADMIRAL Harry Arogundade yesterday told a Lagos High Court handling the suit filed by Miss Uzoma Okere and Mr. Abdulahi Abdulazeez who were allegedly assaulted by six naval ratings, that he did not order the men to beat or harass the applicants. He added that Uzoma's father apologised to him when he heard about the matter.

Arogundade, in one of the six counter-affidavits by one Nureni Akinyemi, a litigation clerk in Bolaji Ayorinde Chambers, the defence counsel in the matter, averred: “I did not order, encourage, direct or instruct the second respondent to beat, hit, harass, torture, humiliate and or traumatise the applicants. It is untrue for the applicants to say that they lost several valuables or sustained injuries arising from the incidence.”

Uzoma and Abdulazeez are demanding N100 million as damages against Arogundade, unknown Naval ratings and the Nigerian Navy.

Arogundade averred further in the affidavit that during his discussion with Uzoma’s father, he realised that Colonel Okere was his senior at the Military School, Zaria. He then related to Col. Okere what the daughter had just told him. Okere profusely apologised to him and also begged him to tell his men to release her.”

He said he was in his vehicle reading newspapers hence did not witness the alleged beating and harassment of the applicants and that when Uzoma came to his office to lodge a complaint, he did everything to calm her down.

Arogundade stated that he did not at any time order or encouraged the Naval rating to either beat or torture the applicants and that it was not true that the applicants lost several valuables or sustain injuries as a result of the incident.

Counsel to the 1st and 3rd respondents, Chief Bolaji Ayorinde (SAN), had earlier told the court that it would be very clear from the counter affidavits that there are conflictions in the facts presented before the court and that the suit ought not to have been filed under fundamental human rights procedures.

Ayorinde’s prayed the court to order for oral evidence in the proceedings, but was turned down by Justice Opeyemi Oke, who said it was not yet time to make such order.

Counsel to the respondents also told the court that he was not served with a copy of the video clips attached as exhibit to the originating summons.

But Omotola Rotimi, Director of the Office of Public Defender (OPD) told the court that she needed time to study the respondent’s counter affidavits.

On the issue of video clips marked as exhibit, Omotola explained that copies have been made for the respondents as well as for the court.

At this stage, Justice Opeyemi Oke urged both parties to file all their processes and serve same before the next adjourned date and subsequently adjourned the matter till April 27 for hearing of the originating summons.

Vanguard

Thanks for keeping us updated anonimi, we pray this turns out to be a landmark ruling.

REBRANDING THE GAINT OF AFRICA IN THE 21 CENTURY

This case is dead, they are only showing d mvmnt by dragging it till evry is tired of it. We knw how it works, it is jst not worth d stress.

Naval Ratings: Court to Rule May 20
By Davidson Iriekpen, 05.07.2009

Justice Opeyemi Oke of the Lagos High Court, will on May 20, 2009, rule on an application filed by Rear Admiral Harry Arogundade, and some unidentified Naval ratings, seeking leave of the court to admit oral evidence in a suit instituted by Uzoma Okere and her friend, Abdulahi Abdulazeez.
Okere and Abdulazeez were both victims of Naval Ratings attached to Arogundade, who beat them up and stripped Okere naked, for "blocking his way on the road."
At the resumed hearing of the N100 million suit yesterday, counsel to the Respondents, Chief Bolaji Ayorinde, SAN, urged the court to grant them leave to cross-examine the applicants, in view of  allegations made against them.
Moving the application dated April 24, 2009, Ayorinde said in view of the conflicting affidavits sworn to by  applicants and  respondents, the only way out for the court to resolve the issue was for the applicants to enter the witness box and be cross-examined.
Ayorinde  urged the court to grant the application, adding that the grievous allegations were made against the respondents, which ought to be resolved once and for all.
Opposing the application, Lagos State Solicitor General, Mr Lawal Pedro, SAN, admitted that it was within the discretion of court to either grant the application or not, adding that the court must take into consideration the facts placed before it.

This Day

Thanks for keeping us updated, i am also following this case. Justice may come slowly but it will surely com

Uzoma: Court rules on oral evidence admissibility May 20
Written by Innocent Anaba

A Lagos judge, Justice Opeyemi Oke, will on May 20, rule on an application by Rear-Admiral Harry Arogundade and some unidentified Naval ratings seeking leave of the court to admit oral evidence in a suit by Miss Uzoma Okere and her friend, Abdulahi Abdulazeez, who were allegedly brutalised by the ratings attached to Arogundade last year. At the resumed hearing of the N100 million suit, counsel to the respondents, Chief Bolaji Ayorinde (SAN), prayed  the court to grant leave to the respondents to cross-examine the applicants (Uzoma Okere and Abdulahi Abdulazeez) in view of the allegations made against them (respondents).
Ayorinde argued that in view of the conflicting affidavits sworn to by the applicants and the respondents, the only way out for the court to resolve the issue was for the applicants to enter the witness box and be cross-examined.
He urged the court to grant the application, contending that grievous allegations were made against the respondents, which ought to be resolved once and for all.
He argued that the best for the court to get to the truth of what actually transpired was through oral evidence.
Ayorinde contending that the video evidence tendered by the applicants did not show what transpired before and after the incident complained of and that there was no police report to back up the allegation levelled at his clients.
Opposing the application, the Solicitor-General of Lagos State, Mr. Lawal Pedro (SAN), admitted that it was within the discretion of court to either grant the application or not,  but that the court must take into consideration the facts placed before it.
He argued that the court could refuse the application when there is documentary evidence before it or on a point of law.
According to him, the recorded documentary evidence of the event was sufficient enough to resolve any conflicting issue that arose in the matter.
He further argued that the nature of the suit brought under the Fundamental Human Rights Procedure does not give room for oral evidence to be taken.
The Lagos State Ministry of Justice, Office of Public Defender, Lagos brought the suit on behalf of the applicants, who were allegedly brutalised by armed naval ratings attached to Admiral Arogundade last year.

Vanguard

Okere: Judge throws out Arogundade’s application
Tony Amokeodo

A Lagos High Court, on Wednesday, threw out an application by Rear Admiral Harry Arogundade and some unidentified Naval ratings, asking the court to admit oral evidence in a suit by Miss Uzoma Okere and her friend, Abdulahi Abdulazeez, following the ratings’ alleged assault on them.
In her ruling on Arogundade and the ratings‘ application, Justice Opeyemi Oke held that there was documentary evidence before the court that could be used to to hear the case, insisting that there was no need for oral evidence.
According to the judge, the need for oral evidence can only arise when the documentary evidence before the court is not sufficient to enable it arrive at a just decision.
She said, “I hold that the application is unnecessary and to allow it would be to put the cart before the horse.
“For the application to succeed, the conflicts in question must be tangible and not intangible. It must be material and not immaterial.
“When the conflict is cosmetic and inarticulate or farce, a court of law will not order or call for oral evidence.
“I have carefully considered the application and the counter -affidavit and I hold that both parties have filed documentary evidence which the court can look at and it is only when this documentary evidence is not enough that the court can demand for oral evidence”
Justice Oke, who further upheld the argument of the lawyer to Okere and Abdulazeez, Mr Lawal Pedro (SAN), held that under Fundamental Human Right Procedures, the court was empowered to suo motu (afresh), call for oral evidence.
She added that when there was conflict in averments, the court might call for oral evidence.
Lawyer to Arogundade and other defendants, Chief Bolaji Ayorinde (SAN), had in the instant application, urged the court to grant leave to his clients to cross- examine Okere and Abdulazeez in view of the allegations made against his clients.
Ayorinde had argued that in view of the conflicting affidavits sworn to by Okere and Abdulazeez and the defendants, the best way for the court to resolve the issue was for the applicants to enter into the witness box and be cross-examined.
But Pedro, who is also the Solicitor-General of Lagos State, opposed the application.
He argued that it was within the discretion of court to either grant the application or not, saying that the court must take into consideration the facts placed before it.
Lawal also argued that the recorded documentary evidence of the event was sufficient enough to resolve any conflicting issue that might arise in the matter.
Justice Oke had adjourned the case till May 26 for hearing of Okere’s substantive application.

Punch

Four Years after, Army to Pay SAN N100m for Assault
By Davidson Iriekpen, 05.21.2009

Before Ms Uzoma Okere was brutalised by Naval ratings, there was a case Nigerians never knew of – that of a Senior Advocate of Nigeria (SAN), Chief Mike Igbokwe (SAN), who was battered along the Lagos-Ibadan Expressway four years ago by two soldiers.
Juistice was served late but warm yesterday by a Federal High Court in Lagos which awarded Igbokwe N100 million as general and aggravated damages.
In his judgment, presiding judge, Justice Tijani Abubakar, described the soldiers’ action as “brazen recklessness” which must be condemned.
Justice Abubakar also said that the actions of the soldiers were totally “wild, barbaric and uncivilized” and must not be allowed in any decent society.
The judge chided the Army authorities for its indifference even after the incident was reported to the Chief of Army Staff.
He ordered that the defendants offer public apology to the plaintiffs which must be published in two national newspapers in the country.
He said: "Having reviewed the evidence tendered before this court, I submit that action of the 4th defendant was totally wild, barbaric and uncivilised such that it must not be allowed in any decent society. Above all, his masters who have the responsibility to condemn such actions appear to be indifferent. Such brazen recklessness must be condemned. The action of the 4th defendant and his colleague to wit; assaulting and battering the plaintiffs on the 23 of December 2005, is unlawful and unconstitutional.
"I award the sum of N100 million to the plaintiffs against the defendants as general and aggravated damages arising from the unlawful and degrading acts of the 4th defendant and his colleague. I order that the defendants offer public apology to the plaintiffs to be published in two widely-circulated newspapers in Nigeria."
Igbokwe and one Joseph Ito, a business man, had dragged the Attorney-General of the Federation, Chief of Army Staff, the Nigerian Army and one Sgt Samuel Udagbe before the court for the infringement of his rights to human dignity.
The plaintiffs, in their statement of claim, said they were travelling to Ijebu-Ode on December 23, 2005 when between Kilometre 55 and 56 on the Lagos-Ibadan Expres-sway, Igbokwe overtook an Army Landover which was on the left hand side of the road to avoid a vehicle that was in his front which was slowing down.
The senior advocate stated that shortly after overtaking the Army vehicle, it suddenly hit the rear bumper of his Mercedes Benz E240 car, adding that as a result, he was shocked and frightened and thereafter made effort to park and check the extent of damage.
He said while he was making efforts to park, he noticed that the Landrover was moving menacingly towards his car and could further hit him but he accelerated his car to avoid being rammed into.
Igbokwe said 200 metres after, he ran into a heavy traffic-jam occasioned by the repairs on the road, noting that while slowing down, the Landrover blocked his car and to his surprise and consternation, the occupiers alighted armed with cable whip and gun menacingly towards him.
According to him, even though he quickly identified himself as a Senior Advocate of Nigeria, the soldiers angrily demanded his keys and before he could ask why, they descended on him with slaps and whips, thereby inflicting serious injuries on him and destroying his eyeglasses in the process.
He said he suffered humiliation and degradation as he was being beaten up without justification in the full glare of several onlookers.
Reacting to the judgment, Igbokwe said why he decided to seek redress was for the soldiers to know that they must learn to subject themselves to democratic norms.
He said for the soldiers to have horse and cable whips with them showed that they had been using them on other innocent Nigerians who had not been challenging them.
Ironically, the Army failed to enter an appearance in the case – an attitude that many believed must have infuriated the judge.

This Day

well done Anonimi!

Okere: Arogundade Appeals Court Ruling
By Davidson Iriekpen, 05.27.2009

Rear Admiral Arogundade and the Nigerian Navy have filed an appeal at the Court of Appeal in Lagos, challenging the ruling of a  Lagos High Court which dismissed their applications.
Justice Opeyemi Oke had last week dismissed Arogundade's application, seeking leave of the court to admit oral evidence in a suit instituted by Uzoma Okere and her friend, Abdulahi Abdulazeez.
The judge had said that there were documentary evidences before the court that could be used to adjudicate on the matter hence there was no need for oral evidence.
However, at the resumed hearing of the suit yesterday, counsel to the respondents, Lawrence Imolode from Bolaji Ayorinde’s chambers informed the court that an appeal had been filed against the ruling of the court. He also disclosed that the claimant counsel had been served with the Motion on Notice.
Specifically, the said motion is seeking the leave of the court to appeal against the ruling on the court delivered on May 20, 2009.
The motion is also praying the court for an order for stay of proceedings pending the determination of the appeal.
However, counsel to Okere urged the court grant a short adjournment to enable her respond by filling counter affidavit. The matter  was later adjourned till June 22 for hearing of the Motion on Notice filed by the respondents.
The court had in its ruling held that the need for oral evidence could only arose when the documentary evidence before the court are not sufficient to enable the court arrive at a just conclusion.
Justice Oke in her ruling also held that the application for oral evidence was unnecessary and to allow it would be to put the cart before the horse.
She maintained that for the application to succeed the conflicts in question must be tangible and not intangible; it must be material and not immaterial, adding that when the conflict is cosmetic and inarticulate or farce, a court of law will not order or call for oral evidence.
Uzoma Okere and Abdulahi Abdulazeez  are  asking the court to declare the acts of the respondents in torturing, stripping her naked, ruthless brutalizing and unlawful arrest and detention without any justification as unlawful and unconstitutional.
They want the court to compel the respondents to issue unreserved apologies to them for the violation of their fundamental human rights in at least four print and electronic media and pay the sum of N100 million as compensation.
The plaintiffs are also seeking for an order of perpetual injunction restraining the respondents and their agents from horsewhipping motorists and putting them in apprehension through reckless driving in siren-blaring convoy.
Okere and Abdulazeez further prayed the court to declare that the acts of intimidation, violence and reckless driving by the respondents on the public roads under the pretext of being military officers, violate her and other road users' rights to movement and dignity of human person.

This Day

;d

Hope the 100 milla comes soonest!

The girl is a witch, ogbanje. Deliberately blocked an Admiral's convoy, slapped and tore a Rating's shirt, and had someone positioned to record because she knew what would follow. Was she expected to be begged to remove her car to the right lane or to kissed and congratulated! Even in the USA convoys are respected. This was planned in the coven, its only manifesting. Admiral Harry is a gentleman, those who really know him would testify.

what do some nigerians drink, stupidity is never far away from some!!

she blocked someone's car in traffic? how did she know it was an admirals car?
how exactly do you 'position' a stranger to get you on camera


na wetin una pastor dey teach you be this?

I am incensed beyond the devil's wildest imagination. How dare that idiot dressed as a naval officer and i mean how very very very dare him humiliate that young girl in that manner in the name of power. Guys you can see how and why Nigeria will never heal and if it will ever heal it will take generations of aggressive Nigerians to put things right. The devil in me says catch the idiot and beat him mercilessly. If that idiot had the audacity to treat that young girl like that in public only God knows what he does to his mother, wife and daughters. he needs to be caged because he is wilder than a lion. In fact hate him and the people standing around watching. Someone should have picked up a brick and break his foolish head. I am shocked at the rage i feel because i never knew that i have the slightest streak of violence in my bones but i feel like killing these bigots. They have abused their offices and embarrassed Nigeria. People wise up and call our leaders to order. there are many people looking for works and idiots like this who are lucky to have it are making a mockery of it.God save the Nigeria. I am really really angry.

The Clown:

The girl is a witch, ogbanje. Deliberately blocked an Admiral's convoy, slapped and tore a Rating's shirt, and had someone positioned to record because she knew what would follow. Was she expected to be begged to remove her car to the right lane or to kissed and congratulated! Even in the USA convoys are respected. This was planned in the coven, its only manifesting. Admiral Harry is a gentleman, those who really know him would testify.

It is very, very clear that you dont know this particular place where this thing happened. The end of Muri Okunola Street where it dissolves into Ajose Adeogun Street is always a place where you have terrible traffic logjam at all times and it becomes hellish at the close of business when this incident happened.

Now you expected her to carry her car over her head and run out of the road because one semi-god in the name of an admiral is passing bye in a convoy. Moreover, the admiral has just about two buildings to get to his destination which makes one wonder why the haste?

Old story: The case had been i the court since 2yrs ago, Arogundad had been fine 400billion naira and he shld apologise to okere through five daily news papers and five television station for 6month. But Arogundade had appeal against the ruling

LAND RULED BY VAGABONDS FOR 4 DECADES.
What do you expect?

buy plots of land at cheap price https://www.nairaland.com/nigeria/topic-521891.64.html#msg7290358

its only in uncivilized countries like Nigeria that this kinds of things hapens . We need a change of attitude and the officers should be prosecuted.

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from Jane.

update please?

so what happened eventually

What a funny country. well it is a lesson for us all. when ever you see a military man coming on the road, carry your car on your head and give way. what a lugubrious height we have attained among other countries.

MrCrackles:

HABA Nana, you be Channels TV News?!

Dem no strip her naked ooo, me sef watch the video!!

dem only comot im blouse

I do not however condone such barbaric act, Nigeria is a bloody lawless country!!

When you remove a woman's blouse in public forcefully, what is that called

Are you saying it is okay ?

nomanicole:
gov fashola,we nigerians are tired of promises,do what yu can do fast ,sir.
as for the bastards and cowards, you will never fight the ills of the society, you wont do your job, you just go about killing and maiming nigerisn citizens,beating up your wives at home,unbearable  animals.for those who have naval friends go and tell them we know what they do,and that the law must catch up with you.wicked people ,you shall know no peace.mad men who need to go to rehab and normalize their brains,they're walking the streets with us,i bet if there were no cameras,they would've raped the woman.they tore her bra to have a glimpse of the breast they 've never seen before,beasts of burden

BigBashiru:
savage act by savage imbeciles.

Nigeria still has a long way to go.

I have heard the naval account of the story. The fact that the so called officer first hit her car is civilian aggression and is liable to prosecution. Why should you hit a ladies car savagely?

Moreover, did I hear horsewhips? In which day and age do people in uniform still use such animalistic crude equipment.

We really need help in nigeria.

This is talkless of other similar brutalities that take place daily.

Something is really wrong somewhere.

Bashiru, unfortunately, that animalistic crude equipment is the only language Nigerians understand.

KingAzubuike:

Bashiru, unfortunately, that animalistic crude equipment is the only language Nigerians understand.

Are you normal? You just quoted a guy from 2008

Winnerly:


Are you normal? You just quoted a guy from 2008

this armed robber , no worry u will be burnt alive like your friend father winnerly was burnt