By Innocent Anaba
LAGOS – The Nigerian Navy and one of its officers, Rear Admiral Harry Arogundade, who were ordered by a Lagos High Court alongside four others to pay N100 million as damages for assaulting one Miss Uzoma Okere have urged the Court of Appeal Lagos to stay the execution of the High Court judgment pending the final determination of their appeal.

The lower court had in a judgment delivered by Justice Opeyemi Oke in the suit by Uzoma Okere against the appellants, ordered them (Navy, Rear Admiral Harry Arogundade and four naval ratings) to pay N100 million as damages for violating Okere‘s fundamental human rights.

The appellants in the appeal are contending that the refusal of the trial judge at the lower court to allow them time to cross examine Uzoma Okere with regards to the immediate and remote cause of the incident of November 3, 2009 had led to a substantial miscarriage of justice.

They are further contending that the lower court erred in law and fact, when it relied on documents attached to the reply to counter affidavit when same was abandoned, maintaining that the lower court would see by way of cross examination that Rear Admiral Arogundade was not at the scene of the incident and that the four naval ratings were acting in aid of civil authority pursuant to Section 239 Armed Forces Act, CAP20 LFN 2004.

According to the appellants, the lower court was in error when it relied on documentary evidence in the resolution of the conflicts whereas the said exhibit does not show whether or not Rear Admiral Arogundade had reached his destination which is No 253 Muri Okunola Street, Victoria Island.

Meanwhile, the court adjourned till May 16 for hearing of the application by the appellants and for service on the naval ratings.