Helen Joshua, lost one of her children, Solomon Andy, to bullets from the gun of a military officer in 2017.
Narrating her ordeal since the incident, Mrs Joshua said Andy was accosted for doing nothing by Nigerian soldiers serving in Kakuri, Kaduna at his place of work on June 9, 2017,
After having him serve physical punishment, one of the military man shot him on his back which led to his death.
Six years later, Mrs Joshua is seeking relief for the violation of her son’s right to life and dignity and her release of his corpse for closure.
While Mrs Helen Joshua is the applicant in this suit filed before the Ecowas court of justice, the Federal Republic of Nigeria (FRN) is the respondent accused of violating her no son rights to life.
Reliefs sought by the applicant
While the Federal Republic of Nigeria ( FRN) prayed the court to dismiss the suit for lacking merit, Mrs Helen wants the court to declare that the death of her son caused by Private Ocheme Abel, who is in the employment of the Federal Republic of Nigeria, is unlawful and a breach of Article 4 of the African Charter on Human and Peoples Rights adopted by Nigeria in 1990.
She also sought a declaration that the act of killing a defenceless, harmless and innocent citizen in an Economic Community of West African state (ECOWAS) Member State by an agent of the Federal Republic of Nigeria is a violation of the deceased’s right to life and right against cruel, inhuman and degrading treatment as provided for in the African Charter on Human and People’s Right to which Nigeria is a signatory.
She prayed the court to award her the sum of $900,000.00 for for the wrongful killing of her son, $500,000.00 for the intentional act of not recognising her son’s right to life andSon and $700,000,00 as as exemplary damages.
Finally she sought a mandatory order of the court mandating the respondent to release her son’s corpse for proper burial rites and for the respondents to finance the burial of her son who died untimely as a result of the reckless actions of agents of the Federal Republic of Nigeria.
What transpired
While accounting to the court, Mrs Joshua said two soldiers, one named Ocheme Abel and the other (unnamed) were at her son’s workplace on that day when Private Abel forced him and his colleagues to frog jump.
While Solomon’s colleague pleaded with the unnamed soldier to release them from the unjust punishment, Abel left the scene to chase some other boys.
The unmanned soldier requested cigarettes as an incentive to speak to Abel on their behalf of which Solomon stood up from the scene to go procure the cigarettes.
Upon Solomon’s return, Abel had just returned after failing to chase down the two boys and, on citing him not serving the punishment he had ordered, Abel fatally shot him in the back.
Afterwards, Abel also pointed the gun at Solomon’s colleague; however, the unnamed soldier threatened to shoot him (Abel) if he release another trigger, and he subsequently disarmed him.
Solomon’s body was taken to the hospital with the help of his colleagues but he died after attempts to rescue him in several hospitals.
When the news of Solomon’s death broke, angry youths protested and demanded justice for the deceased which made the military release a statement on June, 9, 2017, signed by Colonel Kingsley Umoh, Deputy Director, Army Public Relations 1 Division Nigeria Army, confirming that the deceased was shot and killed.
Mrs Joshua said she and other family members went to the mortuary where Solomon’s body was deposited but the mortuary attendants informed them that they had orders not to release the body of the deceased.
She said a presidential panel was setup between October 16-20, 2017 of which she made a petition before them which the panel later recommended that the Nigerian military released the body of the deceased and ensure fairness in solving the matter.
Defence
The Respondent (The Federal Republic of Nigeria) in its defence, submitted that the Nigerian military is an institution statutorily empowered, amongst others, to suppress insurrection and acting in aid of civil authorities to restore order when called upon to do so.
It argued that Mrs Joshua failed to submit evidence that the deceased died in Bengola Hospital as claimed in the narration of facts neither did she adduce evidence supporting the allegation that it has custody of the deceased’s corpse.
The respondent noted that an officer of the Nigerian Army has the power to set down corporal punishment on any person in breach of the peace and public order.
However, it admits that Private Abel was immediately arrested and investigated as he had gone beyond boundary as indicated by the investigation undertaken on June 9, 2017.
It averred that the investigation report revealed that Abel shot the deceased in the process of arresting some miscreants who were engaging in the sale of illicit drugs.
On September 5, 2017, Abel was charged to court and a case of murder was established against him while the unamed officer at the scene of the incident was charged with disobedience.
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It confirms the fact submitted by Mrs Helen that a Presidential Investigation Panel was set up of which the panel reviewed the compliance of the military with its human rights obligations and rules of engagement.
Subsequently after investigations, the panel recommended that the soldier should be prosecuted, compensation be paid to the victim’s family, a letter of condolence should be sent to the family from the Chief of the Army and the corpse of the deceased be released to the family for burial.
However it averred that the recommendations of the Presidential Panel cannot be enforced as it is subject to the approval of the President.
The respondent told the court that Abel was prosecuted,convicted by the State and sentenced to death by hanging.
Consequently, they cannot be held vicariously liable for the actions of the soldier as the concept of vicarious liability is not applicable in criminal matters.
The respondent therefore prayed the court to declare that it has not violated the provisions of the African Charter on Human and People’s Rights and any international human rights treaties.
It also sought a declaration that Mrs Helen application is frivolous and lacking in merit.
Finally it sought an order of the court dismissing the Applicants suit in its entirety.
The judgement of the court
The presiding judge, Justice Gberi-Be Ouattara found that the right to life of the deceased was violated pursuant to Article 5 of the African Charter on Human and People’s Rights.
- The judge ordered the respondent to pay Mrs Helen the sum of Twenty Five Million Naira (N25,000,000) as compensation.
- The judge also ordered the respondent to pay the costs of Five Million Naira (N5,000,000) to her to cover the cost of her son’s burial.
- The judge finally ordered the respondent to immediately release the corpse of the deceased to Mrs Helen.
- The judge Dismissed all other claims by the applicant and ordered the respondent to immediately implement and comply with the above orders.
See the case source here
