Mrs. Precious Omonyahuy & Ors V. The Inspector-general Of Police & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment)

This Appeal involves a matter brought pursuant to the Fundamental Rights (Enforcement Procedure) Rules 2009, in respect of two members of staff of Multiple Covenant Investment Ltd., Endurance Omonyahuy [Chief Driver] and Sikiru Amusa [Assistant Driver] who were killed by the 4th Respondent, at a Roadblock/Checkpoint along Lasu/Igando Expressway, on 15/2/2012.

The 4th Appellant was their Supervisor, and after they were shot and killed, allegedly as armed robbers, the Policemen intercepted his telephone calls to the deceased men, and arrested and detained him at their Police Station. The 1st and 2nd Appellants, i.e. wife and father of the deceased Chief Driver respectively, the 3rd Appellant, who is the father of the deceased Assistant Driver, and the 4th Appellant filed the Application that led to this Appeal.

They jointly filed Form 1 -Notice of Application for Order Enforcing Fundamental Right (Order 2 Rule 1) at the Lagos State High Court wherein they sought for an Order from the Court granting the following Reliefs-

1. A DECLARATION that the killing of Mr. Endurance Omonyahuy and Mr. Sikiru Amusa on the 15th day of February, 2013, by the 4th Respondent acting under the authority of the 1st and 2nd Respondents for no justifiable reason constitutes extra judicial murder and is a violent violation of their fundamental right to life as guaranteed by the provisions of Section 33 (1) of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4 and 5 of the African Charter on Human and Peoples’ Rights and hence ultra vires the Respondents, illegal and unlawful.
2. A DECLARATION that the arrest, incarceration and the Indignity meted on the 4th Applicants person and the Interception of his private telephone conversation on the 15th day of February, 2012, by the 4th to 6th Respondents acting under the authority of the 1st and 2nd Respondents was in gross violation of the 4th Applicant’s fundamental rights preserved and guaranteed under Section 34 (1) (a), 35 (1) and 37 of the Constitution of the Federal Republic of Nigeria, 1999.
3. COMPENSATION in the sum of N300,000,000.00 against the Respondents jointly and severally to be paid to the 1st and 2nd Applicants for the aforesaid extra judicial murder and unconstitutional violation of Mr. Endurance Omonyahuy’s fundamental right to life and as general damages for the aforesaid violation.
4. COMPENSATION in the sum of N500,000,000.00 against the Respondents jointly and severally to be paid to the 1st and 2nd Applicants for the aforesaid extra judicial murder and unconstitutional violation of Mr. Endurance Omonyahuy’s fundamental right to life as exemplary and aggravated damages for the aforesaid violation
5. COMPENSATION in the sum of N300,000,000.00 against the Respondents jointly and severally to be paid to the 3rd Applicant for the aforesaid extra judicial murder and unconstitutional violation of Mr. Sikiru Amusa’s fundamental right to life and as general damages for the aforesaid violation
6. COMPENSATION in the sum of N500,000,000.00 against the Respondents jointly and severally to be paid to the 3rd Applicant for the aforesaid extra judicial murder and unconstitutional violation of Mr. Sikiru Amusa’s fundamental right to life as exemplary and aggravated damages for the aforesaid violation.
7. COMPENSATION in the sum of N200,000,000.00 against the Respondents jointly and severally to be paid to the 4th applicant for the aforesaid illegal and unconstitutional violation of his fundamental rights to dignity of a person, liberty and private of telephone conversation as general damages for the aforesaid violation.
8. COMPENSATION in the sum of N300,000,000.00 against the Respondents jointly and severally to be paid to the 4th applicant for the aforesaid illegal and unconstitutional violation of his fundamental rights to dignity of a person, liberty and private of telephone conversation as general damages for the aforesaid violation.
9. PUBLIC APOLOGY by the Respondents for all the above enumerated breaches to be published in conspicuous pages of at least three national dailies widely circulated and read in Nigeria.
10. Such Further or other Orders as this Hon. Court may deem fit to make —

They also filed – Statement of Facts Pursuant to Order 2 Rule 3 of the Fundamental Rights (Enforcement Procedure) Rules, which reads thus –

“FACTS GIVING RISE TO THE APPLICATION

The 1st to 3rd Applicants are the respective family members cum dependants of late Mr. Endurance Omoyahuy and later Mr. Sikiru Amusa who were brutally, callously and unjustifiably (extra judicial) murdered in the early hours of 15/2/2012 by the 4th to 6th Respondents. The said Endurance Omonyahuy was at all material times under the employ of Multiple Covenant Limited as the Chief Driver while Sikiru Amusa was under same employ as Assistant Driver. Both men reported to the 4th Applicant, who Superintendents over them as Supervisor. On 15/02/2012, at about 6.00am, Endurance and his assistant driver, Sikuru Amusa set out for their place of work on Omonyahuy’s motorcycle bike. In the course of their journey to the office, along Lasu/Igando Expressway, some Policemen including the 4th to 6th Respondents (of the Anti-Robbery Team attached to the Igando Police Station mounted an illegal roadblock/checkpoint in deviance to the well-publicized 1st Respondent’s lawful order. The 4th to 6th Respondents demanded for money from Omonyahuy at the road block but he bluntly refused to part with his money and then continued on his journey. Unknown to him, two of the Policemen who were part of this illegal roadblock took exception to Omonyahuy’s audacious refusal to give them money and consequently went after him on a motorcycle. Apparently oblivious of the Respondents’ trial, Omonyahuy had a brief stop at Ologuro bus-stop along the same Lasu-Igando Expressway. He had a minor encounter at this bus stop with a commercial bus driver, who had driven reckless in front of his bike and thereby caused him (Omonyahuy) some discomfort. However, because the bus driver was quick to accept his fault and promptly apologiezed they did not tarry long at the spot. Unfortunately though, as Omonyahuy zoomed off from this spot (with Amusa seated behind him), the 4th Respondent alighted from the bike (driven by another Policemen), cocked his A-K 47 rifle gun, targeted and shot at them. The 1st shot missed target. Then again, he fired a 2nd shot which his target, fatally piercing through both Sikiru Amusa and Endurance Omonyahuy. Faced with the gravity of this action, the 4th Respondent was initially crestfallen but became emboldened when his colleague suggested to him to claim that the men he murdered were armed robbers. He promptly adopted this evil suggestion. Consequently, the Respondents’ next action in pursuit of this devious plan was to intercept 4th Applicant’s private telephone call to Omonyahuy’s telephone line pretending to be (impersonating) Omonyahuy. The Respondents conversed with the 4th Applicant under this pretense till they were able to trace him to automobile mechanic garage where awaited both drivers. They quizzed the 4th Applicant at the mechanic garage about his relationship with Omonyahuy and Amusa. The 4th Applicant did not hesitate to identify himself as the Supervisor to both men and further informed the Respondents that he had been in communication with both men earlier that morning. He went further to pin point to the Respondents the particular truck he awaited the drivers to come and retrieve from that garage. However, because their preconceived devious machination, the Respondents chose to discard his explanation and went ahead to manhandle the 4th Applicant with rounds of slaps and thorough beating before putting him in handcuffs and whisking him away from the mechanic garage like an armed robber and straight into incarceration at their Police Station. In line with their plan, the initial story related to Mr. Adewale Sadiku, Managing Director of Multiple Covenant Investment Ltd. at the Police Station was that his staffs were armed robbers who met their waterloo that morning: Though upon the intervention of the company’s Solicitors when it dawned on the Respondents that they could not sustain this ridiculous story, they changed it. The new story became that the deceased men were innocent citizens killed by unknown armed robbers suspected to be members of a gang that had been terrorizing the neighborhood for some time and that the 4th to 6th Respondents only assisted to recover their corpses from the scene of the crime. This story became the Respondents’ official position and same version was also narrated to the solicitor by the Area Commander of Area “M” Assistant Commissioner of Police (ACP) Ibrahim Kayode and further reiterated by the District Police Station (DPO) of Igando Police Station Superintendent (Supol) Gbenga Adeoye who had direct charge over the 4th to 6th Respondents. As it turned out, the Respondents’ concocted lie crumbled like packs of card in the face of the overwhelming evidence gathered by the Solicitor and his team of concerned private citizens led (same day) to the scene of the crime. Sensing that the game was indeed up, having been confronted with hard facts adduced from eye witnesses to the crime including vivid description of the shooter (4th Respondent) and coupled with the Solicitor’s direct telephone call to the then incumbent Commissioner of Police, Lagos State (COP) Mr. Alkali, the 4th Respondent finally confessed to the murder and his weapon (AK 47 Rifle Gun) was promptly retrieved. The Post-mortem examination reports on both corpses have confirmed that they died from the bullet wound inflicted on them.

GROUNDS FOR THE APPLICATION

a. The 4the Respondent acting under the authority of the 1st and 2nd Respondents did brutally, callously and extra-judicially murdered Mr. Endurance Omoyahuy and Mr. Sikiru Amusa on the 15th day of February, 2012 for no just cause.

b. By the provisions of Section 33 of the [1999] Constitution (as amended) and Articles 4 of the African Charter on Human and Peoples’ Rights; human life is inviolable and no one should be deprived Intentionally of his life.

c. The 4th to 6th Respondents on the 15th day of February, 2012 acting under the authority of the 1st and 2nd Respondents did intercept the 4th Applicant’s private telephone conversations and calls to the later Endurance Omonyahuy. And subsequently manhandled, humiliated, tortured and subjected him to degrading treatments; beating, sleeping and deliberately treated him like a common criminal (armed robber) before putting him in handcuffs in the full glare of the public and whisked him away into detention at their Station.

d. By the provisions of Section 34 of the (1999) Constitution (as amended) and Articles 5 of the African Charter on Human and People’s Rights, no person shall be subjected to inhuman and degrading treatment.

e. By Section 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 6 of the African Charter on Human and Peoples’ Rights, every person shall be entitled to his personal liberty and security of his person.

f. By the provision or Section 37 of the (1999) Constitution (as amended), the privacy of every citizen’s telephone conversation is guaranteed and protected.