A Federal High Court in Abuja Tuesday dismissed an application by a businessman Mr Mohammed Jidda Dungus seeking damages against Mr Mahmudu Liman for alleged military harassment following a failed vehicle purchase deal.
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Justice Taiwo Taiwo held that Dungus failed to provide any proof that Liman procured military personnel to arrest, intimidate, embarrass or threaten him.
The judge held: “The Applicant has alleged constant threat of arrest and actual attempts at arrest by the military men. He has also alleged that he has been absent for days from his business place because of the fear of embarrassments from the military personnel.
“What evidence has the Applicant attached to prove allegations of constant threat? What evidence has the Applicant produced to convince the court that the Respondent is using Military Men to harass, intimidate or arrest him? ….
“It is very clear from the affidavit evidence before me that the Applicant was never arrested before he filed the instant suit. I do not however see anything other than the statements of the Applicant in his affidavits before me to buttress these allegations. The court cannot speculate.
“In the instant case, I find that the Applicant has not adduced sufficient evidence to warrant the grant of his Application. Same is accordingly dismissed. This is the judgment of the court.
In the suit marked FHC/ABJ/CS/1399/2019, Dungus told the court that after Liman approached him with an intention to buy a truck, he got one for him from Zaria, Kaduna State and brought it to Abuja. But Liman rejected the truck and demanded a refund.
The truck owner was unable pay back, and, according to Dungus, the respondent procured military men to intimidate and harass him over the debt.
Through his counsel, Suleiman Haliru, the applicant filed a November 14, 2019 application seeking five reliefs including a perpetual injunction restraining the respondent from using the military against him, a public apology and an award of damages.
But Liman opposed him with a December 11, 2019 motion on notice filed through his counsel, M. Jubril.
Delivering judgment, Justice Taiwo upheld Jubril’s contention that the applicant did not prove his allegations.
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