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Friday, 18 November 2016

Lagos Court Orders Police to Pay N200m to 2 Families After Their Children were Killed for Refusing to Pay Bribe

The Nigerian Police Force has been ordered by a Lagos State High Court to pay N200m to the families of Sikiru Amusa and Endurance Omonyahuy, who were killed by some policemen on their way to work.
Justice Adeniyi Onigbanjo also awarded the sum of N500,000 to Saheed Okewole, a friend of the slain men who was tortured by the policemen and labelled an armed robber.

According to Punch, the two men were killed on February 15, 2012, after a team of policemen attached to the Igando Police Station and led by one Inspector Niyi Oladapo on patrol on the LASU-Igando Road, shot the two men dead.

It was alleged that the police officers shot the men dead for refusing to give them bribe. After the killing, the dubious police officers labeled them robbers to cover their crime.

The report further revealed that after the killing, Okewole, who was a friend and co-worker of the slain men, had tried to call one of their phone lines when they appeared to be running late.

However, one of the policemen was said to have picked the call, tricked the caller to divulge where he was calling from, and went to arrest five young men at a mechanic workshop. They were all labelled robbers and taken to the Igando Police Division.

But, things took a huge turn as the police officers' plan to cover up the crime hit a brickwall after the employer of the deceased, Mr. Wale Sadiku, the Chief Executive Officer, Multiple Covenant Investment Limited, and Mr. Abayomi Sadiku, an influential Lagos-based lawyer intervened in the case.

The policemen later confessed to the crime and were  arrested and transferred to the State Criminal Investigation Department, Yaba.
Abayomi Sadiku of Vernia Legal Practitioners on August 8, 2012, sued the police for human rights violation and demanded that N500m be given to the families of the victims.

However, Justice Iyabo Kasali of a Lagos High Court dismissed the case.

Not deterred by the unfavourable judgement, Sadiku took the case to the Court of Appeal where the court gave a landmark judgment.

In resolving the issue, the court noted that “the case boiled down to a question of whether the constitutional right to life of a dead man can be enforced by his dependents, wherein the court is faced with an uphill task and will be swimming in uncharted waters, since there are no authorities, either from the Supreme Court or the Court of Appeal, on the subject to guide the court on the journey through virgin territory.”

The appellate court started by analysing the Fundamental Rights Enforcement Procedure Rules.

The court stated that it was swayed by the mischief rule of statutory interpretation, which  was the oldest of the rules; “established in Heydon’s Case (1584).”

In a unanimous judgment by Justice Amina Augie (who presided and was recently elevated to the Supreme Court); Justice Samuel Oseji and Justice Jamilu Tukur, the judges rebuked the judgment of the High Court.

The Appeal Court judges sent the case back to the High Court of Lagos State for a re-trial by a new judge.

The lawyer of the slain men took the judgment back to the High Court and on May 3, 2016.  Justice Onigbanjo gave them a favourable judgment in the total sum of N200,500,000.

The court also ordered that the police should issue a public apology in two national dailies for the infractions done. Mr. Sadiku hailed the decision of the court. Sadiku said the case would serve as a deterrent to trigger-happy security agents.

He said, “The police cannot appeal this judgment because the 90 days within which to do so has elapsed.”

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