The Federal High Court sitting in
Warri, Delta State, has awarded N60m as damages against the Nigerian Army for
the murder of one Otunba Ajayi Oladele.
The Court presided over by Hon.
Justice Emeka Nwite, delivered its judgement in a case with Suit
No.HHC/WR/CS/93/2017.
The case is between Mrs. Esther
Oladele&Ors. V. The Nigerian Army & Ors.
The Plaintiffs, who are the widow
and the infant children of late Otunba Ajayi were represented pro bono by Kunle
Edun Esq, National Public Relations Officer of the Nigerian Bar Association.
The deceased was arrested in
Warri by soldiers from the Army Brigade in Benin City.
He was seriously beaten and had
his spinal chord broken by the soldiers during the beating.
The soldiers had to rush him to
the military hospital in Benin and called his wife, the 1st Plaintiff, to make
arrangement to take her husband home.
The late Otunba died few minutes
after the soldiers dropped him on the floor of the emergency room of the
Central Hospital, Warri.
Delivering Judgement, Hon.
Justice Emeka Nwite, declared that, “The arrest and detention of late (Otunba)
Ajayi between the 8th of May, 2017 and the 12th of May, 2017 was unlawful,
unconstitutional and therefore, an act of gross violation of the fundamental
right to life, personal liberty, human dignity and freedom of movement of
Otunba Ajayi Oladele as enshrined in the Section 33(3), 34(1),35(1) and 41(1)
of the Constitution of the Federal Republic of Nigeria 1999 as Amended.
“A declaration that the 1st,2nd,
3rd and 4th plaintiff’s right to life and therefore, good and reasonable
comfort of life have been violated by the acts of the defendants unlawful
killing of Otunba Ajayi Oladele being that the deceased was the parent of the
2nd ,3rd and 4th plaintiffs and husband to the plaintiff and also the bread
winner of the family.
” That an Order is hereby made
awarding the sum of N50,000,000.00(fifty million naira) as general and
exemplary damages joint and severally against the defendants in favour of the
plaintiffs as a result of the unlawful death of Otunba Ajayi Oladele and for
loss of consort, fatherly love/care, comfort and disruption of the family life
of the plaintiffs.
“Cost is assessed at N100,000(One
hundred thousand naira) against the defendants and in favour of the
plaintiffs.)
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