Chinedum Elekwachi
A team of clergymen and senior lawyers of the Anglican Church yesterday stormed Onitsha High Court in solidarity with Rev. Tochukwu Agina, a priest of the Anglican Diocese of Ogbaru, Anambra State.
Naval men attached to Ogbaru Naval base on November 30, 2025 battered and dehumanized him.
Agina, a youthful priest was attacked and inflicted with various bodily injuries by the Naval Ratings who claimed that he made phone calls while driving through their checkpoint in Ogbaru.
Rev. Agina has instituted a civil suit against the Nigerian Navy at the Anambra State High Court in Onitsha, seeking N500 million in damages over the alleged violation of his fundamental human rights.
In the suit, marked No. O/MSC/572/2025, Rev. Agina said the naval personnel violated his rights to dignity of the human person, personal liberty and freedom of movement which Sections 34(1) and 35(5) of the 1999 Constitution (as amended), guarantee.
He joined as respondents in the suit the Nigerian Navy, the Nigerian Navy Board, the Chief of Naval Staff, Commander Kabiru Yusuf (Commander, Onitsha/Ogbaru Naval Base) Naval Head of Okpotouno Naval Checkpoint, Ogbaru, and other naval officers who allegedly carried out the violation.
Action through motion ex parte
HIs lawyers brought the action through 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.
Sir Ejike Ezenwa, SAN, led the legal team of the complainant alongside Sir Ben Uzuegbu, SAN; Sir Ben Osaka, SAN; Ikem Taylor Nwanegbo; Chijioke Nwankwo; Emeka Mebo; Humphrey. C. Udechukwu; E. Ibegbu; and C. T. Bemesi.
Rev. Agina 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, Ogbaru, constituted an improper exercise of authority and violated his constitutional rights.
According to the applicant, the naval officers accused him of answering phone calls at the checkpoint, ordered him to alight from a commercial vehicle, and subsequently detained him at the naval base.
He argued that the actions infringed on his rights to personal liberty, dignity and freedom of movement.
Among the reliefs sought is an order directing the respondents to tender an unreserved apology to him and to publish the apology in a national newspaper acceptable to him, as well as any other orders the court may deem appropriate.
When the matter came up for hearing, the presiding judge of High Court No. 3, Justice David Onyefulu, after listening to submissions by lead counsel, ordered that the respondents be served with all court processes through a national newspaper.
Adjournment to January
The court adjourned the matter to Thursday, January 22, for hearing.
Lead counsel to the applicant, who spoke on the matter said the alleged assault goes beyond a personal violation and constitutes “an assault on the Christian faith.”
The lawyer described the brutalization, dehumanization in the public glare of an innocent Priest in his priestly attire and without any form of restraint from the senior naval officers at the checkpoint as totally unacceptable.
