Court Orders Police To Pay Widow N100m Over Alleged Arrest, Torture, Death Of Husband » Naijaloaded

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A Federal High Court in Abuja on Wednesday ordered the Inspector-General Police to pay N100 million to Mrs Mary Kajo over the alleged arrest, illegal detention, torture and loss of life of her husband, Mark Kajo.

Delivering judgement, Justice Inyang Ekwo additionally ordered the police authorities to pay the sum of N500,000 as the price of submitting the go well with.

Justice Ekwo directed a 5 per cent post-judgment curiosity on the tremendous till the judgement debt is totally settled.

The decide, who noticed that the police authorities didn’t problem the case of the applicant, mentioned: “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.”

He, subsequently, declared that the killing of the late Mark in custody by brokers of the police was wrongful, unlawful and unconstitutional.

He mentioned it violated Mark’s constitutional rights underneath 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.

He mentioned the deceased had a basic proper to life assured and enforceable underneath the legal guidelines

“I discover that the applicant has established that the basic rights of her husband, Mr Mark Kajo, have been breached by the inexplicable cold-blooded extra-judicial killing of the deceased within the custody of the first to third respondents.

“Nothing can ever be extra barbaric and nastier than this type of loss of life within the arms of legislation enforcement brokers whose statutory and constitutional obligation is to guard lives and property.

“By not submitting any course of on this case, I presume that the first–third respondents are least perturbed about such a lack of a citizen’s life of their custody and the end result of this go well with.

“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 a citizen’s fundamental right,” he mentioned.

The News Agency of Nigeria (NAN) reviews that Mary Kajo, within the go well with marked FHC/ABJ/CS/600/2023, sued the Nigeria Police Force, its Inspector General, Benue State Commissioner of Police and the Attorney-General of the Federation, as 1st to 4th respondents, respectively.

In the affidavit she deposed to on May 2, 2023, Mary averred that her husband, a plumber, was arrested, detained and tortured by the police and finally executed with out trial.

She mentioned Mark was arrested by officers of the police on Jan. 1, 2018 round Wurukum Market in Makurdi.

According to her, on January 1, 2018, her husband left house for Wurukum Market to buy drugs for his or her ailing youngster, who awoke that morning feeling unwell however didn’t return house nor did he name to inspect the sick youngster.

She mentioned the Criminal Investigation Department (CID) at Benue State Police Headquarters in Makurdi informed her that one Aondover of their custody made a confessional assertion that he stole a automotive and gave it to Mark.

Mary averred that her husband was moved to Police Headquarters in Abuja and referred to the Federal Special Anti-Robbery Squad (FSARS) at Area 3.

The mom of 5 additional alleged that the police informed the North-Central Zone of the Presidential Panel Hearing on SARS Reform 2018, the place a petition was filed, that her husband was killed in custody by armed thugs.

The armed thugs attacked the automobile conveying them to get better hidden arms and in the middle of exchanging fireplace, three of the suspects had been shot and died on the spot, together with her husband and their corpses had been deposited on the University of Abuja Teaching Hospital’s morgue, in Gwagwalada.

The AGF, in its counter affidavit deposed to by Adedayo Adeboye, an official within the workplace, argued that none of Mary’s averments had been in opposition to his workplace.