NEWS
Court Mandates IGP To Compensate Woman With N100m
A landmark decision unfolded in the Federal High Court, Abuja, as Justice Inyang Ekwo ordered the Inspector-General of Police, Kayode Egbetokun to pay Mrs. Mary Kajo a substantial sum of N100 million.
This ruling stems from the distressing incident involving the arrest, unlawful detention, torture, and alleged death of her husband, Mark Kajo.
The court further directed the police authorities to cover the N500,000 filing fee and imposed a five per cent post-judgment interest until the complete settlement of the judgment debt.
Highlighting a critical aspect of the case, the presiding judge, Justice Inyang Ekwo, pointed out that the police authorities did not contest the applicant’s case.
Emphasizing a legal principle, he stated, “The position of the law remains that affidavit evidence which is not challenged or controverted howsoever, is deemed admitted and can be relied upon by a court.”
Justice Ekwo therefore declared the death of Mark Kajo in police custody as wrongful, illegal, and unconstitutional.
He asserted that this act transgressed Mark’s constitutional rights under Section 33 of the 1999 Constitution (as amended) and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, CAP.A9, Laws of the Federation of Nigeria, 2004.
The judge underscored that the deceased held a fundamental right to life, a guarantee enshrined and enforceable under the laws.
“I find that the applicant has established that the fundamental rights of her husband, Mr Mark Kajo, have been breached by the inexplicable cold-blooded extra-judicial killing of the deceased in the custody of the 1st to 3rd respondents.
“Nothing can ever be more barbaric and nastier than this kind of death in the hands of law enforcement agents whose statutory and constitutional duty is to protect lives and property.
“By not filing any process in this case, I presume that the 1st— 3rd respondents are least perturbed about such loss of a citizen’s life in their custody and the outcome of this suit.
“Where it is established that the fundamental right of a citizen has been breached, the law is trite that damages in compensation, legally and naturally follow every act of violation of citizen’s fundamental right.” he added
In the lawsuit with reference FHC/ABJ/CS/600/2023, Mary Kajo took legal action against the Nigeria Police Force, Inspector-General of Police, Benue Commissioner of Police, and the Attorney-General of the Federation as the 1st to 4th respondents.
In an affidavit sworn on May 2, 2023, Mary asserted that her husband, a plumber, faced arrest, detention, and torture by the police, ultimately leading to his execution without a fair trial.
Mary recounted that her husband, Mark, was apprehended by police officers on January 1, 2018, near Wurukum Market in Makurdi.
On that fateful day, Mark left their home to buy medicine for their unwell child, who had awakened feeling unwell. However, he neither returned home nor reached out to inquire about the health of the ailing child.
Mary disclosed that the Criminal Investigation Department (CID) at the Benue Police Headquarters in Makurdi informed her that a detainee named Aondover confessed to stealing a car and implicating Mark by alleging that he gave it to him.
Subsequently, her husband was transferred to Police Headquarters in Abuja and then directed to the Federal Special Anti-Robbery Squad (FSARS) at Area 3.
Mary, a mother of five, went on to claim that the police informed the North-Central Zone of the Presidential Panel Hearing on SARS Reform 2018, where a petition was lodged, that her husband was killed in custody by armed thugs.
According to the police account, armed thugs purportedly ambushed the vehicle transporting them to recover hidden arms. In the ensuing exchange of gunfire, three suspects, including her husband, were allegedly shot and died instantly.
The police asserted that the corpses were then deposited at the University of Abuja Teaching Hospital Morgue in Gwagwalada.
However, the Attorney-General of the Federation (AGF), in a counter affidavit sworn by Adedayo Adeboye, an official in the office, contended that none of Mary’s assertions were directed against the office.
The Federal High Court in Lagos has mandated Ms. Sadia Umar-Farouk, the former Minister of Humanitarian Affairs, Disaster Management, and Social Development, to publicly disclose the details of a N729 billion disbursement to 24.3 million Nigerians over six months.
Justice Deinde Dipeolu issued the order in response to a Freedom of Information lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP).
The lawsuit sought transparency regarding the list of beneficiaries, the states involved, and the payment breakdown per state.
The court’s decision compels Ms. Umar-Farouk to reveal the selection criteria for the beneficiaries and the mechanisms used to distribute the funds.
The court also ordered Ms. Umar-Farouk to explain the rationale for distributing N5,000 to 24.3 million poor Nigerians, which amounts to five percent of Nigeria’s N13.6 trillion budget for 2021.
In his verdict, Justice Dipeolu noted that the former Minister failed to provide any reason for not disclosing the details sought by SERAP and dismissed the objections raised by her counsel, supporting the plaintiff’s arguments.
The judge further stated that failing to perform an act as required by statute will be seen as non-compliance with the statutory provision and as delinquent conduct.
He further stated, “The minister filed a preliminary objection to this suit dated the 4th of October 2022 and a counter-affidavit to SERAP’s motion on notice. I will first deal with the minister’s preliminary objection because it bothers on the jurisdiction of this Court to entertain this suit.
“The grounds upon which the preliminary objection was filed are: whether this suit is not incompetent having not been commenced within 30 days after SERAP’s request for information was deemed to have been denied.
“Having not complied with the provision of Section 20 of the Freedom of Information, whether this Court can assume jurisdiction to entertain SERAP’s application.
As arguments on both issues, the minister’s counsel submitted that by the provision of Section 4,7(4) and 20 of the Freedom of Information Act, subject to lawful exceptions within the Act, a public institution has 7 days to grant a request for information, failure of which would be deemed denial.
“SERAP’s request was deemed denied on 6th July, which is the expiration of 7 days. Therefore, SERAP has 30 days pursuant to Section 20 of the Act to apply to this Court.
“SERAP’s 30 days within which to bring this suit expired on 5th of August 2021, whilst the motion on notice was filed on the 9th of November 2021, outside the 30 days stipulated by the Act. Consequently, this suit is statute barred.”
In response, SERAP’s counsel argued that this suit was not commenced via the motion of notice dated 8th November 2021. This suit was initiated by a motion exparte dated 13th July 2021 but filed on the 15th of July 2021, after the expiration of the 7 days period required of the minister to respond to the FOI request by SERAP.
“This is in compliance with Section 20 of the Freedom of Information Act and Order 34 Rule 3(1) of the Federal High Court (Civil Procedure) Rules 2019.
“The above are the submissions of counsel as regards the preliminary objection by the minister. I agree with SERAP’s counsel that the minister did not carry out a proper search of the casefile before filing the preliminary objection.”
President Bola Tinubu has been unanimously re-elected for another one-year term as Chairman of the ECOWAS Authority of Heads of States and Government.
His initial tenure, set to conclude on July 9, 2024, was extended during the 65th Ordinary Session of the Authority held at the State House in Abuja on Sunday.
READ ALSO: https://biztellers.com.ng/president-tinubu-hosts-65th-ecowas-summit-in-abuja/
In his acceptance speech, President Tinubu expressed his commitment to advancing democratic values and serving the collective interests of ECOWAS member states alongside his fellow leaders.
He said “I have accepted to continue to deliver on this service with the great men and women on this democratic journey, to serve our interest and build democratic values on the structure we inherited.”
President Bola Tinubu is currently hosting the 65th Ordinary Session of the ECOWAS Authority of Heads of State and Government in Abuja.
The meeting, held at the Banquet Hall of the Presidential Villa, is attended by dignitaries including the Diplomatic Corps.
Key agenda items include discussions on financing the standby force against terrorism and preventing unconstitutional changes of government.
READ ALSO: https://biztellers.com.ng/niger-mali-burkina-faso-cut-ties-with-ecowas-form-new-alliance/
Another significant focus is maintaining the cohesion of ECOWAS, particularly as Niger, Mali, and Burkina Faso have yet to fully reintegrate following their bans.
Olusegun Dada, Special Assistant to President Tinubu, shared footage on social media, stating, “President Bola Ahmed Tinubu (GCFR), President of Nigeria and Chairman of @ecowas_cedeao, hosts the 65th Ordinary Session of the ECOWAS Authority of Heads of State and Government in Abuja.”
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