FEDERAL HIGH COURT DISMISSES OVER N250M FUNDAMENTAL RIGHTS SUIT FILED AGAINST THE CHIEF OF AIR STAFF NIGERIAN AIR FORCE & OTHERS

The Federal High Court, presided over by Hon. Justice R. J. Egbe sitting in Makurdi, in its judgment delivered on 7/10/2026 has dismissed a fundamental rights enforcement suit filed against The Chief of Air Staff, The Nigerian Air Force, two of its personnel and the Honourable Attorney General of the Federation who were sued as the Respondents.

The Applicant Gbuuka Benjamin commenced the action via an application for enforcement of his fundamental rights filed on 19/09/2025 and constituted as suit no. FHC/MKD/CS/193/2025 wherein he sought several declaratory and monetary reliefs in the cumulative sum of over N250,000,000.00 (Two Hundred and Fifty Million Naira) against the Respondents for alleged violation of his right to dignity of human person, personal liberty, freedom of movement, private and family life etc.

The Honourable Attorney General of the Federation on his part argued that the suit did not disclose any reasonable cause of action against him. The 1st - 4th Respondents denied the allegations of the Applicant, set out facts which rendered the said allegations improbable and argued that the Applicant did not discharge the burden of proof to be entitled to the reliefs sought.

The Court in its judgment struck out the name of the Honourable Attorney General of the Federation as a party to the suit for lack of cause of action. On the merits, the Court held that the pieces of evidence contained in the affidavits of the Applicant were not only inconsistent but fell far from credibility. The Court further held that the Applicant failed to prove its case against The Chief of Air Staff, Nigerian Air Force and its personnel sued as 1st to 4th Respondents.

In conclusion, the Court held thus:

​“In all the Applicant’s evidence is replete with contradictions, inconsistencies and half truth and cannot be relied upon. Therefore, he failed to prove his case against the Respondents and this issue is resolved against the Applicant.”

The Court accordingly refused all the reliefs sought by the Applicant and dismissed the suit in its entirety for lacking in merit.

The Applicant Gbuuka Benjamin was represented by J. T. Gurgur, Esq of the firm of J. S. Okutepa, SAN & Co. while Darlington Onyekwere, Esq of the law firm of J-K Gadzama LLP led the legal team of the Chief of Air Staff, the Nigerian Air Force and two of its personnel who were sued as the 1st to 4th Respondents. The Honourable Attorney General of the Federation sued as 5th Respondent was represented by Nana Fatima Anom, Esq of the Makurdi Zonal Office of the Federal Ministry of Justice.