Justice Mohammed Idris of the Federal High Court in Lagos has ordered the Nigerian Police Force, to pay the family of late Waheed Kabiru, who was alleged killed by the men of Igbogbo Police Division the sum of N200 million.
Justice Idris also ordered the police to make a public apologies in three widely Nigeria newspapers for the unlawful killing of the deceased, and to release the deceased’s corpse to his family for decent burial.
Justice Idris gave the orders after listing to a fundamental rights enforcement suit filed by the deceased brother, Ibrahim Kabiru against the Inspector-General of Police, the Nigeria Police Force over the unlawful killing Kabiru, who was allegedly tortured to death by men of Igbogbo Police Division.
Other respondents in the suit marked FHC/L/CS/371/2016, are Nigeria Police Force, and the Divisional Police Officer (DPO), Igbogbo Police Station, Ikorodu, Lagos.
In the judgment, the court held that the sudden disappearance, killing and extra-judicial murder of the deceased by the men of the Igbogbo Police Division, was Illegal, unlawful, unconstitutional and gross violation of his constitutional rights as enshrined under Sections 33 of the 1999 Constitution of the Federal Republic of Nigeria, and the African Charter and Universal Declaration of Human Rights.
Justice Idris further declared that the arrest, torture, and detention of the deceased brother, Ibrahim Kabiru from November 20, 2015, till date, is wrongful, Illegal, unlawful, unconstitutional and gross violation of his constitutional rights.
The court also granted a perpetual injunction restraining the police from harassing, intimidating, inviting, arresting or detaining the deceased brother and his family members in connection with the matter.
In an affidavit filed in support of the suit, Kabiru, averred that his deceased brother was arrested by the men of Igbogbo Police Division, on November 20, 2015, on the order of their DPO, Remilekun Adesoye.
Kabiru also stated that when he got on to the police station on December 2, 2015, the police informed him and other members of his family of the death and disappearance of the deceased body.
The deponent averred further that despite several petitions written on the extra-judicial killing of his brother to the Lagos State Commissioner of Police, no response was received on the matter from the state’s command.
He claimed that in spite of their efforts his brother’s corpse has not been found since he was arrested, detained, tortured and killed by the police.
According to Kabiru prior to the arrest of the deceased, he did not commit any offence known to law in Nigeria to warrant the gross Infringement of his fundamental rights to life.
Throughout the pendency of the suit, none of the respondents filed any reply to the suit, neither do they appear before the court.