Abuja Barber Files N1 Billion Lawsuit Against Nigeria Police Over Alleged Eye Loss From Tear Gas!

Abuja Barber Files N1 Billion Lawsuit Against Nigeria Police Over Alleged Eye Loss From Tear Gas!

Reported by Fasesan Marian opeyemi | Editor-in-Chief at Sele Media Africa

ABUJA, Nigeria— An Abuja-based barber has instituted a N1 billion fundamental human rights lawsuit against the Nigeria Police Force and the Divisional Police Officer of Bwari, alleging that he lost one of his eyes after being struck by a tear gas canister during a police operation in the Federal Capital Territory.

The lawsuit, filed at the Federal High Court in Abuja, marks a significant legal challenge to police operational conduct and could set a precedent for how Nigerian courts adjudicate claims of excessive force by law enforcement agencies. The plaintiff is seeking compensation for permanent physical injury, medical expenses, loss of livelihood, and emotional trauma.

Background of the Incident

According to court documents obtained by Sele Media Africa, the incident occurred during a confrontation involving security operatives in the Bwari area of the Federal Capital Territory. The plaintiff, who operates a barbershop in the community, alleges that he was not directly involved in any unlawful activity when a tear gas canister fired by police officers struck him in the face.

The impact of the canister allegedly caused irreversible damage to one of his eyes, resulting in permanent blindness. Medical reports attached to the court filings indicate that the plaintiff has undergone multiple surgical procedures but has been unable to restore vision in the affected eye.

The barber claims that the incident has rendered him unable to continue his trade, which was his primary source of income, and has subjected him to ongoing psychological distress.

Legal Grounds and Claims

The lawsuit, filed under the Fundamental Rights (Enforcement Procedure) Rules, alleges that the Nigeria Police Force and the Bwari DPO violated the plaintiff’s constitutional rights to life, dignity of the human person, and freedom from torture and inhuman treatment as guaranteed under Sections 33, 34, and 35 of the 1999 Constitution of Nigeria.

Specifically, the plaintiff is seeking:

• N1 billion in general and special damages for the permanent loss of his eye
• Compensation for medical expenses incurred and future medical care
• Damages for loss of earning capacity
• A declaration that the use of tear gas in the manner described constitutes a violation of his fundamental human rights
• An order directing the Nigeria Police Force to issue a formal apology

The suit also requests the court to mandate the police to pay for ongoing psychological counselling and rehabilitation.

Police Accountability Under Scrutiny

The case has renewed concerns over the use of force by law enforcement agencies in Nigeria, particularly during crowd-control operations. Human rights advocates have repeatedly called for improved accountability and stricter operational guidelines for officers handling civil disturbances.

Legal analysts say the outcome of the case could test the judiciary’s stance on police accountability and citizens’ rights under Nigerian law.

“The use of tear gas and other crowd-control munitions must be governed by strict proportionality principles,” said Barrister Chidi Odinkalu, a human rights lawyer and former chairman of the National Human Rights Commission. “When a civilian suffers permanent injury as a result of police action, the state must be held accountable. This case will test whether our courts are prepared to enforce those standards.”

The Nigeria Police Force has not yet filed a response to the lawsuit. Police spokesperson Muyiwa Adejobi, when contacted by Sele Media Africa, stated that the force would allow the legal process to run its course.

Legal Framework and Regulatory Implications

The lawsuit raises critical questions about the regulatory framework governing the use of force by Nigerian police officers. Under the Nigeria Police Act 2020, officers are required to use force only when necessary and proportionate to the threat faced. Section 47 of the Act specifically mandates that police must avoid using excessive force and must prioritise non-violent means of resolving conflicts.

However, human rights organisations have consistently documented cases where police officers have used tear gas, rubber bullets, and live ammunition in situations that did not warrant such measures. Amnesty International’s 2025 report on police brutality in Nigeria recorded at least 47 cases of serious injury resulting from the use of tear gas and other crowd-control weapons in the past two years.

“The absence of effective oversight mechanisms means that police officers rarely face consequences for excessive use of force,” said Dr. Idayat Hassan, director of the Centre for Democracy and Development. “This lawsuit represents an important attempt to use the courts to enforce accountability where internal police disciplinary mechanisms have failed.”

Pan-African and Global Significance

The case in Nigeria echoes similar legal battles across Africa where citizens have challenged police use of force. In Kenya, the Independent Policing Oversight Authority has investigated multiple cases of tear gas injuries during protests. In South Africa, the Constitutional Court has ruled that the use of rubber bullets and tear gas must be strictly regulated to prevent unnecessary harm.

Internationally, the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials require that law enforcement agencies adopt rules and regulations on the use of force that reflect the principles of necessity and proportionality. The Abuja case could serve as a reference point for courts across the continent grappling with similar issues.

What Happens Next

The Federal High Court in Abuja is expected to set a date for the hearing of the preliminary objections and the substantive suit. Legal experts anticipate that the case could take between six months to two years to reach a final determination, depending on the complexity of the arguments and the court’s docket.

The plaintiff’s legal team has indicated that they will also file a petition with the National Human Rights Commission, seeking an independent investigation into the incident and broader recommendations for police reform.

For the Nigeria Police Force, the case represents another challenge to its operational practices at a time when the institution is already facing widespread criticism over allegations of extrajudicial killings, arbitrary arrests, and other human rights violations.

SOURCES

• Federal High Court, Abuja – Fundamental Rights Enforcement Suit No. FHC/ABJ/CS/2026
• Punch Newspapers – “Abuja Barber Sues Police for N1bn Over Lost Eye”
• Premium Times – “Barber Accuses Police of Tear Gas Injury in Abuja”
• Channels Television – “Human Rights Lawsuit Filed Against Police Over Alleged Eye Injury”
• Nigeria Police Act 2020 – Sections 47–52 on Use of Force
• Amnesty International Nigeria – 2025 Report on Police Brutality