By Anietie Akpan
A Federal High Court sitting in Lagos has dismissed a fundamental right action seeking N3.7b damages against the Nigerian Navy.
The action was initiated by a former officer of the Navy, one Dada Labinjo in suit no. FHC/L/CS/1860/2025 also listed the Attorney General of the Federation and two others as parties.
The Applicant (Labinjo) had alleged that the Navy violated his Fundamental Right when they issued a ‘signal’ for his arrest in the said action.
Through his lead Counsel, Andrew C. Igboekwe SAN prayed for an order from the court for the enforcement of his “fundamental rights to personal liberty and freedom of movement in terms of the reliefs sought in the statement accompanying the affidavit in support of the application”.
He also sought for further orders that the court may deem fit to make in the circumstances of this case.
As a build up to the action, Labinjo had also caused a section of the Nigeria Bar Association, Lagos branch to stage a demonstration against the Navy on the said purported arrest signal on September 10, 2025.
The Chairman, NBA Lagos Branch, Uchenna Ogunedo Akingbade had issued the notice for the peaceful protest saying , “Nigerian Bar Association, Lagos Branch, having condemned the unlawful actions of the Nigerian Navy in classifying our esteemed member, Vice Admiral Dada Olaniyi Labinjo (Rtd.), as a “deserter” in flagrant disregard of the judgment of the National Industrial Court, hereby issues this Notice of Protest and calls on all Branch Members and well-meaning lawyers to participate fully.
“In light of the infringement of the fundamental rights of Vice Admiral Labinjo (Rtd.), the disregard for a subsisting Court judgment, and the grave danger this poses to our justice system and our nation, this protest has become necessary to spotlight this anomaly and seek immediate redress”.
However, Counsel to the Navy, Ekpedeme Nelson Iyoho Esq; opposed the applicant contending among others that, “no reasonable cause of action has been made out to activate the jurisdiction of the court under S.46(1) of the 1999 Constitution and that the purported ‘signals’ placed before the court being unsigned documents have no legal efficacy.
“Rather, that the entire action amounted to unnecessary judicial harassment of the Respondent (Navy) and abuse of court process”.
Iyoho said that Labinjo had claimed a signal in his ‘exhibit I’ was issued for his arrest to deprive him of his fundamental right. Beside the Respondent’s denial, “the said exhibit I has no signature of anyone authorizing same. It is at best an unsigned instrument”.
Citing several authorities, Iyoho argued that, “the effect of an unsigned document is now trite in law as same is worthless without any legal consequence”.
He said, “the entire matter is left in the realm of speculation for the court to conjecture. It is only within the knowledge of the Applicant to state how the said instrument was generated if not for the same orchestrated purpose of using judicial processes to bully, harass, irritate and intimidate the respondents so as to divert the focus of the respondents from prosecuting its pending appeal against the substantive judgment”.
Delivering his judgment on April 2, 2026, the trial Judge Hon. Justice Lewis Allagoa of the Federal High Court, Lagos dismissed the entire action for lack of merit.
