The Federal High Court in Kaduna has ordered the Nigeria Police Force to pay a cumulative sum of N200m to the families of two Shi’ites killed by police officers during an Islamic procession on August 28, 2022.
The incident happened in Soba, Kaduna State.
Justice Hawa Buhari, while delivering judgment in the consolidated separate suits marked FHC/KD/CS/142/2022 and FHC/KD/CS/144/2022, filed by family members of the deceased, held that N100m each, making a total of N200m, should be paid to the families of the deceased as compensation and general damages.
In the judgment delivered on Monday, and details made available to newsmen in Abuja on Tuesday, the judge held that the payment would attract a 10 percent interest per annum until the amount was fully paid.
“The sum of N100,000,000.00 be paid to each parent of the deceased as compensation and general damages with a 10 percent interest per annum until the amount is fully paid.
“The respondents shall tender a public apology to the applicants in one national daily for the breach of their fundamental right.
“Applicants’ rights as guaranteed under Sections 33, 38, 39, 40, 42 and 46 of the 1999 Constitution (as amended); Order 2, Rules 1, 2, 3, 4, 11 and 12 of the Fundamental Right (Enforcement Procedure) Rules 2009; Article 4, 8, 10, 11 and 12 of the African Charter on Human and Peoples Rights 2004 is hereby enforced,” the judge ruled.
The applicants, Iliyasu Bashir and Ahmad Sa’ad had approached the court, alleging that on August 28, 2022, officers of the Nigeria Police Force shot and killed Mubarak Iliyasu and Aminu Abdulkadir while observing their Ashura procession in Soba, Kaduna State.
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They sued the Inspector-General of Police, Assistant Inspector-General of Police, Zone 7, Kaduna State Police Commissioner, and Danial Pom, former Divisional Police Officer, Soba Division, as first to fourth defendants respectively.
The applicants, in the motions on notice dated and filed September 26, 2022, by their team of lawyers, including H.G Magashi, M.D Abubakar, and Yusha’u S.U., sought seven reliefs.
They sought a declaration that the shooting and killing of Mubarak Iliyasu and Aminu Abdulkadir on the said date, while on a religious procession, was illegal, unconstitutional, and in flagrant violation of their fundamental right to life, as guaranteed by Section 33 of the 1999 Constitution and Article 4 of the African Charter on Human and Peoples Right Act Cap A9 LFN, 2004.
They, therefore, prayed to the court for an order mandating the respondents jointly and severally to pay them the sum of N200m each for violation of the fundamental rights of their deceased brothers.
They equally sought an order directing the respondents to tender a formal apology to them by publishing the same in two national dailies that are in circulation in the northern part of Nigeria.
However, the respondents, in their preliminary objection dated and filed on November 8, 2022, sought an order striking out the suits for want of jurisdiction.
They also filed a counter affidavit opposing the suits
Justice Buhari, however, agreed with the submission of the applicants and granted their prayers.
It will be recalled that Justice Buhari, on April 22, 202, ordered the police authorities to pay a cumulative sum of N300m to the family members of three Shiite members killed by its officers while on an Islamic procession on August 8, 2022, in Zaria, Kaduna State.
