Reported by: Oahimire Omone Precious | Edited by: Gabriel Osa
A Abuja‑based human rights lawyer, Maduabuchi Idam, has instituted a N105 billion fundamental rights enforcement suit against Francis Nwifuru, the governor of Ebonyi State, alleging serious violations of the rights of residents of Amasiri community in Afikpo Local Government Area.
The suit — FHC/ABJ/CS/310/2026 — was filed on Tuesday at the Federal High Court in Abuja. In the originating application, Idam contends that government actions in Amasiri on January 30, 2026 constituted unlawful interference with constitutionally protected rights.
According to the filing, soldiers and other security agents were deployed to Amasiri on the orders of the governor. The plaintiff argues that the deployment was not justified under the constitutional framework governing internal security operations, and that the presence of armed forces in the community has created a climate of fear, intimidation and arbitrary interference with daily life.
The suit seeks substantial damages — pegged at N105 billion — on behalf of the residents of Amasiri, whom the lawyer describes as victims of “rights violations” occasioned by the alleged actions of the state government and its agents.
Details Contained in the Suit
In the court documents, Idam claims that the deployment of military and paramilitary forces exceeded what is permissible under law, particularly where civilian policing structures are competent to maintain order. The suit alleges breaches of fundamental rights guaranteed under the Constitution of the Federal Republic of Nigeria, including but not limited to rights to liberty, dignity of human person, freedom from harassment and unlawful invasion of privacy or property.
The plaintiff also asserts that the security operation has resulted in disruptions to livelihoods, displacement of residents, and undue psychological trauma. Specific incidents cited in the filing include alleged arbitrary searches, prolonged curfew‑style restrictions on movement, and intimidation of community members by uniformed personnel.
Background to the Allegations
The events referenced in the lawsuit trace back to January 30, when security forces, including soldiers and other agents, were reported to have conducted operations in Amasiri, a rural community in Afikpo South Local Government Area. Reports at the time described a heavy security presence, but government and security authorities issued limited public details regarding the operation’s objectives or legal basis.
While the Ebonyi State government has not released a formal response to the filing as of this report, the governor’s office has previously cited security challenges in some rural communities of Ebonyi state and indicated that joint operations with security forces are sometimes necessary to address rising concerns.
Legal and Constitutional Issues
Fundamental rights enforcement suits under Nigerian law are intended to provide redress where individuals or communities allege that government actions have infringed upon entrenched constitutional protections. Such suits typically require the petitioner to demonstrate a prima facie case that actions complained of are attributable to the state and that they have directly or indirectly deprived identifiable persons of guaranteed rights.
The threshold for damages in fundamental rights cases can be high, and awards reaching into the tens of billions of naira are uncommon. If the court accepts the claim for trial, the plaintiff will be tasked with proving the link between the governor’s directives and the alleged rights violations experienced by Amasiri residents.
Observers note that constitutional litigation involving sitting governors and alleged misuse of security forces often raises broader questions about civil‑military relations, the balance between security concerns and individual freedoms, and the proper role of state executives in directing non‑police intervention.
Reactions and Next Steps
Local residents in Amasiri have welcomed the filing of the suit, with some describing it as a necessary assertion of their rights and a way to compel judicial scrutiny of state conduct. Civil society groups in Ebonyi and beyond have also indicated interest in tracking the case, citing its potential implications for human rights jurisprudence in Nigeria.
Supporters of the governor argue that security deployments are sometimes unavoidable when communities face serious criminal threats, and that executive discretion in such matters should be respected where done under legal mandate and in coordination with federal security structures.
The next steps in the legal process will involve service of court processes on the governor and respondents, followed by preliminary hearings. The Federal High Court will determine whether the suit satisfies procedural requirements and whether there is a triable issue before advancing to full substantive hearing.
As the matter unfolds, the case could attract broader attention given its intersection of security policy, constitutional rights, and governance, particularly in a period where internal security responses by state governments are increasingly subject to legal and public scrutiny.
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