A barber, Abraham Emmanuel, has approached the Federal High Court in Abuja seeking the enforcement of his fundamental human rights after allegedly losing his left eye when a tear gas canister reportedly fired by police officers struck him during the 2025/2026 New Year crossover operation in Bwari Area Council of the Federal Capital Territory.
The suit, marked FHC/ABJ/CS/256/2026, was instituted against the Nigeria Police Force and the Divisional Police Officer of Bwari Division, CSP Babayola Muhammad Musa.
According to court filings before the Federal High Court sitting in Abuja, Emmanuel is asking the court to declare that the alleged firing of tear gas in front of his father’s residence along Sabon Gari Road, Bwari, on December 31, 2025, was unlawful, unconstitutional, illegal, null and void.
The applicant, through his lawyer, Anthony Idanosi Eruaga Esq., maintained that he committed no offence known to law before the incident that allegedly left him permanently blind in one eye.
The suit was filed pursuant to the Fundamental Rights (Enforcement Procedure) Rules 2009, Sections 35, 41 and 46 of the 1999 Constitution of the Federal Republic of Nigeria, as well as Articles 5, 6 and 12 of the African Charter on Human and Peoples’ Rights.
In the originating motion before the court, Emmanuel is demanding N1 billion in damages for what he described as a gross violation of his constitutional rights by the respondents.
He is also asking the court to compel the Nigeria Police Force and CSP Babayola Muhammad Musa to issue a written apology over the alleged incident.
According to the court documents, the incident occurred during the crossover night into the New Year when police officers attached to the Bwari Division allegedly embarked on an operation targeting church worshippers, fun seekers, traders and residents who had gathered to celebrate the New Year festivities.
The applicant alleged that officers involved in the operation indiscriminately fired tear gas canisters and gunshots into the air, thereby causing panic and confusion across the area.
Emmanuel claimed that one of the tear gas canisters allegedly fired by the police struck him directly in the left eye, leading to severe injuries that eventually resulted in the loss of the eye.
The court filings further alleged that more than 90 persons were arrested during the operation, with claims that many of the arrests and detentions were carried out arbitrarily and outside lawful procedures.
According to the applicant, the actions of the respondents amounted to a violation of his constitutional rights to personal liberty, dignity and freedom of movement as guaranteed under the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
When the matter came up before Justice Yilwa Hauwa Joseph, the court adjourned the case until September 25, 2026, for hearing.
Speaking with journalists shortly after the court session, the President of Springs Aid Foundation, Comrade Chima Kenneth Emeka, criticised what he described as the continued silence of the Nigeria Police Force over allegations of misconduct involving the DPO of Bwari Division.
Chima stated that the foundation had consistently petitioned the Commissioner of Police, the Police Service Commission and the Inspector-General of Police over the matter, demanding investigation and disciplinary action against the officer.
He disclosed that another petition was formally submitted to the current Inspector-General of Police on March 3, 2026, but lamented that no visible action had been taken by the authorities.
“It is shocking that up till this moment, no action has been taken by the Nigerian Police Force. The continued silence of the police hierarchy undermines public confidence in the institution and exposes serious lapses in institutional accountability,” he said.
According to Chima, residents and youths in Bwari had earlier staged protests over the alleged actions of the DPO, accusing him of abuse of office, brutality and professional misconduct.
He recalled that during one of the engagements with protesters, the Area Commander, ACP Fatima, assured residents that the allegations would be investigated and that justice would be served.
“Four months after that assurance, justice has still not been served for Abraham and several other victims,” he added.
The activist also alleged that the officer had been linked to several other cases of alleged misconduct and abuse involving residents of the area.
Among the cases he cited was that of Emmanuel Okpe, who allegedly died following what was described as police misconduct.
According to him, the deceased left behind a child, raising concerns about the welfare and future of the family.
Chima further mentioned another alleged victim identified as Tasiu, who was reportedly shot in the neck, as well as Thompson Edeh, whose hands were allegedly broken during an assault linked to police officers.
He also accused officers attached to the division of engaging in acts of extortion, claiming that evidence had already been submitted to police authorities without any meaningful response.
“We submitted evidence of these extortions to the Nigeria Police Force, yet nothing has been done,” he alleged.
The foundation president said the decision to seek judicial intervention became necessary because of the alleged refusal of the authorities to address the complaints raised by victims and civil society groups.
“If they cannot give us justice, then we will take justice to their doorstep through lawful means,” he said.
Chima further explained that he had spent more than two decades working to strengthen public trust between citizens and the police, stressing that accountability remained essential for rebuilding confidence in law enforcement institutions.
He called on the Inspector-General of Police to demonstrate genuine commitment to ending impunity within the force and ensuring that officers accused of misconduct are properly investigated.
“The IGP has repeatedly assured Nigerians that the era of impunity is over. Justice must not only be done, it must also be seen to be done,” he stated.
He urged the police authorities to immediately investigate all allegations surrounding the Bwari incident and ensure that those found culpable are held accountable in accordance with the law.
According to him, the continued retention of the officer as DPO despite the allegations has created fear among victims and further weakened public trust in the police institution.
“We are calling on the IGP to wake up, act accordingly, and ensure justice is served,” he said.
