An Osogbo based business woman, Mrs Ebun Afolabi, has filed a N200m suit against the Nigeria Police Force over extra judicial killing of his son, Afolabi Abiola. The Inspector General of Police and Tobi Timilehin are respondents in the suit filed at Osogbo High Court, Osun State on her behalf by her counsel, Mrs Funmi Falana.
In the originating summon, the applicant is seeking a court declaration that the humiliation and degrading treatment meted out to the deceased before he was killed by the 3rd respondent is illegal, unconstitutional and a gross violation of his right to dignity of human person as guaranteed in Section 34 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 5 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act 2004.
She asked the court for a declaration that the extra judicial killing of Afolabi Abiola at Zone 10, Osogbo. Osun State on April 3, 2022 by the 3rd respondent is illegal and unconstitutional as it violates the fundamental right of the deceased to life as guaranteed by Section 33 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 2004
She further asked the court for a declaration that the seizure of Lexus ES 330 Car and Iphone 7 phone belonging to the deceased by the respondents constitutes a violation of the deceased’s rights guaranteed under Sections 44 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 14 of the African Charter on Human & Peoples’ Rights (Ratification and Enforcement) Act Cap. 10, Laws of Federation of Nigeria, 2004, and it is therefore unconstitutional and illegal.
The applicant therefore prayed the court for an order directing the respondents to jointly and severally pay the sum of N200 million to the applicant as compensation for the infringement of the fundamental rights of the deceased to dignity and life guaranteed by section 34 and 33 of the 1999 Constitution of the Federal Republic of Nigeria, (As Amended) and article 4 and 5 of the African Charter on Human and Peoples Right (Ratification and Enforcement) Act 2004.
She also asked for an order compelling the Respondents to release forthwith to the Applicant the Lexus ES 330 Car and Iphone 7 phone belonging to the deceased unlawfully seized and took over by the respondents.
In an affidavit deposed to in support of the suit, Mrs Afolabi, who is the mother of the deceased, averred that she was reliably informed by Mathew Adedokun in her house at Ofatedo area of Osogbo at the hours of 4:30 pm on April 17, 2022 that the deceased and his brother Azeez visited his friend, Mathew Adedokun at his phone technician shop at the Olaiya, Osogbo after which they followed him home to pass the night.
She averred that at about 10.56 pm, her son Afolabi Abiola, Mathew Adedokun, his girlfriend Alimot Adekeye and one Azeez settled down outside the house, eating dinner.
She averred that all of a sudden and in a commando and brigandage manner, four men armed with guns and all dressed in mufti, officers of the Nigeria Police under the command of Osun State, jumped the fence into the compound where the deceased, his friend and his friend’s girlfriend were eating.
That upon breaking into Adedokun’s apartment, the officers said they were raiding the neighborhood and then said they were going to arrest them.
Source: The Nation