Nigeria has long way to attain civilised police force – Court

In the Federal High Court Holden at Lagos Monday, June 4, 2007. Suit number: FHC/L/CS/576/2003 Between 1. MR. OSONDU OBIAJUJU 2. MASTER CHUKWUDI ….. Appellant And 1. INSP. GENERAL OF POLICE 2. COMM. OF POLICE, LAGOS STATE 3. THE ATTORNEY GEN. OF THE FEDERATION DEFENDNTS 4. SERGEANT MATHEW MORONTONU …… Respondents Judgment by Mr. Justice […]

In the Federal High Court Holden at Lagos Monday, June 4, 2007. Suit number: FHC/L/CS/576/2003
Between
1. MR. OSONDU OBIAJUJU
2. MASTER CHUKWUDI ….. Appellant
And
1. INSP. GENERAL OF POLICE
2. COMM. OF POLICE, LAGOS STATE
3. THE ATTORNEY GEN. OF THE FEDERATION DEFENDNTS
4. SERGEANT MATHEW MORONTONU …… Respondents
Judgment by Mr. Justice Tijjani Abubakar
 

The plaintiffs Mr. Osondu Obiajulu, and Master Chukwudi Obiajulu (suing by his next friend Mr. Osondu Obiajulu) claim against the defendants as follows:
1.   A DECLARATION, that the killing of Mrs. Juliana Obiajulu by Sergeant Morontonu, servant and agent of the defendants at Makoko, Yaba, Lagos on the 30th of May 2001 is unlawful and a gross violation of her right to life as guaranteed by Section 33 of the Constitution of the Federal Republic of Nigeria 1999 and Article 4 of the African Charter on Human and Peoples Right.
b). The sum of N81,5000.00 (eighty-one thousand, five hundred Naira) as special damages.
PARTICULARS OF SPECIAL DAMAGES
Cost of coffin     –    N3,000.
Transportation to and from Imo State    –     N 33,000
Entertainment      –   N20,000
Embalmment      –  N3,000
Out of pocket expenses – N20,000
c)   The sum of N5,000,000 (five million Naira) as exemplary/ aggravated damages.
PARTICULARS
1. Despite awareness of the killing of the deceased.
The Nigerian government, and the Nigeria Police Force, did not express any concern, sympathy or regrets over the killing to the family of the deceased. They did not offer any material, moral or psychological assuagement, support or relief to the deceased’s family, nor make any representation to the deceased’s family concerning the death. They did not make any contribution to burial neither did they offer to or offer any compensation for the death of the deceased. In so acting, the Federal Government of Nigeria, the Nigeria Police Force as represented in these proceedings have acted with deplorable callousness and impunity.
ii. Despite the seriousness of the matter such as wrongful killing over which the 1st Plaintiff petitioned the Inspector General of Police, the defendants have treated the Plaintiffs with abject indifference and irresponsible disdain when they failed to reply the petition written on behalf of the 1st plaintiff or indicate that they were very concerned about the grievous incident.

iii.    The defendants have failed, refused or neglected to compensate the plaintiffs for the unlawful, untimely and irresponsible killing of the deceased.
iv.     The 1st and 2nd defendants have failed, refused or neglected to take any known disciplinary action against the 4th defendant.
The plaintiffs filed 33 paragraphs statement of claim. Learned counsel Alex Molokwo appeared for the Plaintiffs, even though Mr. L. Dibia and Mrs. Chinweze later conducted the case for the plaintiff.
Mr. E. Okpoko appeared for the 4th defendant and later Mr. Nassar M. O. appeared for all the defendants. Defendants filed no defence and did not therefore call any witness.
On the 22 day of February 2006, plaintiffs opened their case.
First plaintiff, Osoriclu Obiajulu testified, on oath, he stated that on the 30 day of May 2000, in the morning, he was in his house No. 52 Makoko Road. His wife had her bath and dressed up. He suddenly heard a gun shot in the apartment, his wife fell on him, he saw that, part of her stomach was broken, by gun shot and her jaw tore into two, and blood was gushing out. Suddenly, a policeman came into the room, plaintiff asked the policeman to state why he shot plaintiffs wife. The policeman said nothing, he suddenly started running. plaintiff ran after him and held him. Plaintiff said, he saw the name tag on the policeman reading ‘Sgt. Mathew Morontonu”.
Plaintiff said, as he held Sgt Mathew, other people within the neighbourhood, arrested one Inspector Emmanuel Omotayo.
Plaintiff said, the inspector fired gun shots in the air to scare people, that plaintiff carried his wife to the main road, with the help of people, to the police station at Makoko, which was the nearest police Station. When he got there with his wife, all the policemen ran away. Plaintiff rode okada, and went to Adekunle Police station and reported. A policeman was assigned to him.
Plaintiff said, he took a taxi and carried his wife to General Hospital in Lagos Island, the hospital staff brought a stretcher and took his wife at about 11 :a.m.
She was taken in for treatment at about 11 :a.m., plaintiff said he sat down outside waiting at about 3:20p.m, one of the doctors’ came out and told plaintiff that his wife was dead. Plaintiff went in, and saw her dead body.
Plaintiff said, he left the hospital to inform his people, on his way, he saw that, policemen surrounded the Makoko Police Station. He went in and met the Area Commander. The area Commander told him that the two policemen who killed his wife were arrested and detained, and said the matter would be investigated.
Plaintiff said, he went back to the hospital to discuss with the mortuary attendants on embalmment and preservation of his wife’s body in the mortuary.
The mortuary attendants charged him N20,000. He got a photographer to snap his wife’s body.
The photograph was tendered and admitted as Exhibit ‘A”.
Plaintiff said, after embalmment, his wife’s body was kept in the mortuary and he travelled home to report the death to his parents and relations, to also discuss burial arrangements. He also went to Edo State to inform the family of his wife and also discussed burial arrangements with them.
Plaintiff said, he returned home, and discussed how to raise money for the burial. He had no money, and his parents also had no money to finance the burial. His father borrowed money. He also borrowed money from his age grade, and returned to Lagos. Plaintiff said, he travelled to Lagos with his wife’s relations, who saw her corpse in the mortuary. He asked them to invite people for the burial, they requested for N50,000. Plaintiff gave them N40,000.
Plaintiff said he chartered a bus to convey people, he also bought wooden casket and paid for ambulance service. Plaintiff tendered receipt for the coffin and ambulance service N25,000 and N60,000 respectively, the receipt was admitted as Exhibit ‘B”.
Plaintiff said when his wife’s body arrived home, there were canopies and music was played, there was a lot of beer, drinks, and rice, so many other things were provided for the ceremony. Plaintiff said his Father borrowed N50,000 from meeting. Part of the money was used to provide accommodation for guest, who came to attend the burial.
Plaintiff said, when he married his wife he did not present her to their meeting. He therefore had to pay a fine. He also bought yam for his in-laws and a he-goat. He paid for digging his wife’s grave.
Plaintiff said Sgt. Mathew Morontonu, and Inspector Emmanuel Omotayo were arrested. That they were charged to Magistrate’s court. Plaintiff was attending court for over one year spending money and nothing happened. That at a point, the killer of my wife stopped coming to court. He said, only Sgt. Mathew was charged to court. Inspector Omotayo was not charged.
Plaintiff said as a result of the sudden death of his wife, he is lonely and breaks down anytime he remembers the incident. That his in-laws took away his son from him following the death of his wife. That he has not re-married, that the people from whom he borrowed money disturb him, they came to his house early in the morning to disturb him.
Plaintiff finally urged this court to grant all his prayers.
Mr. Nwosu a trader of 52 Makoko Road, was also called to testify for the plaintiff, he said he was at home, when he heard gun shots and people started shouting and crying. PWII said, he ran out and saw plaintiffs wife in a pool of her blood. She was unconscious. He said, he assisted plaintiff to find a vehicle and convey the wife to police station, that plaintiff is his neighbour. That since the death of plaintiffs wife, plaintiff appears absent minded. That plaintiff had a child of 7-8 months when the incident occurred. Plaintiff has not re-married.
PWIII Mrs. C. Chinweze legal practitioner of 12 Monsur Bisiliyu Okota Lagos, also testified, for the plaintiff.
Mrs. Chinweze said, she was assigned plaintiffs matter as counsel by Access to Justice. She prepared all processes and led PWI in evidence.
In the process of preparing the processes, Mrs. Chinweze found that, the autopsy report on Juliana Obiajulu deceased was not in the file. She wrote the Pathology Department of Lagos General Hospital, requesting for same. She followed up personally and was given the report, signed by Dr. M. A. Adebajo Pathologist who carried out the autopsy examination. The doctor, witness said had already resigned from the service and left Nigeria.
The pathology report was tendered and admitted in evidence as Exhibit ‘C”. Let me state that the defendants were represented by Mr. Nassar, and had no objection to the admissibility of the autopsy report.
Mrs. Chinweze also said, she found the charge sheet against Sgt. Mathew Morontonu for murder of plaintiff’s wife at the Magistrate’s court Ogba Elefo Oyingbo. She also obtained certified true copy of the charge from the Legal Department State CID Panti Yaba, Lagos, prepared by the Investigating Police Officer Andrew Kefre.
Mrs. Chinweze said, she applied to the Deputy Commissioner of Police Yaba for the Investigating Police Officer Kefre and one Raphael Egbuna to appear in court and testify. She also issued two subpoenas commanding the two to appear in court, she also made phone calls informing them of the date.
The charge sheet against the accused, Mathew Morontonu was admitted in evidence as Exhibit “D’’. Mr. Nassar said, he had no objection to the admissibility of the charge sheet. Mrs. Chinweze said, she made enquiries from the Director of Public Prosecutions and found that, the criminal case was not handled properly. That the police did not forward the case file to the Director of Public Prosecutions, witness said, she knew this from letter dated 25th June, 2006 from the Director of Public Prosecution in response to her letter. The said letter was admitted in evidence as Exhibit ‘E”.
At this point Mr. Dibia, learned counsel for the plaintiffs said, he was closing his case.
Mr. Nassar, learned counsel for the defendants said he had no cross-examination. He requested for the file from the police and they said they did not have it.
On the 22nd of February, 2007 when this matter came up, plaintiff’s counsel was in court while counsel for the defendant was not. Plaintiff’s counsel applied for a date to address the court.
This court granted the application and ordered plaintiff’s counsel to file written address. Counsel for the plaintiff adopted this written address on 8th May 2007.
Plaintiffs formulated three issues for determination.
1.    Whether the deceased (1st and 2nd) plaintiffs) wife and mother respectively, Juliana Obiajulu, was actually shot and killed as alleged and whether any of the respondents are responsible and liable for the death of the deceased.
2. Whether the killing of the deceased Mrs. Juliana Obiajulu is justified in law.
3. Whether the plaintiffs are in the circumstance of this case entitled to damages claimed.
Addressing on issue No.1, learned counsel said the defendants neither attended trial nor responded in any manner to any of the processes served on them, nor gave evidence in rebuttal of the plaintiff’s case at the trial.
Counsel submitted that the averments contained in plaintiff’s pleading are deemed admitted. Learned counsel referred the court to SCC Nig. Ltd Vs. Elemadu (2004) FWLR Part 230, Baba Iya Vs. Sikeli (2005) All FWLR (Part 289).
On issue No.2, learned counsel submitted that killing of the deceased was an incidence of sheer executive rascality and callous disregard for human life, and urged the court to so hold.
Addressing issue No.3, learned counsel said the preferment of a charge by the defendants against an officer over whom it takes responsibility is an admission against itself that the act was done by its servant.
Learned counsel referred to Ifeanyi-Chukwu Ltd Vs. Soleh Baneh Limited 2000 FWLR (Part 27) and submitted that the employer is vicariously liable for the act of its employee.
On issue No.4 counsel referred to Bello Vs. A.G. Oyo 1986 17 NSCC Page 1257 and submitted that plaintiffs are entitled to damages.
On special damages, counsel said, plaintiffs tendered receipts and gave oral testimony in support of the claim, counsel referred to NWABUOKU VS. OTTIAH (1996) All NLR 487 and said where a plaintiff adduces oral evidence which establishes his claim against the defendant in the terms of the writ, and that evidence is not rebutted by the defence, the plaintiff is entitled to judgment.
Learned counsel referred the court to ABASIN BANDA VS.GUNARATNE & 3 OTHERS cases on Human rights Page 291, and submitted that, award of compensation against defendants is useful, because it provides opportunity to demonstrate society’s abhorrence of such conducts.
Counsel urged the court to grant the plaintiffs all the heads of damages claimed as per the writ.
It is a fact that, defendants in this suit are fully aware of the claim before this court, they appeared and disappeared, they filed no defence.
I carefully reviewed the evidence led by the plaintiffs before this court. Sgt. Mathew Morontonu who committed the outrageous act of killing the wife of the plaintiff was arraigned before Magistrate’s court, and the defendants showed no interest in prosecuting him.
The failure by the police to show concern over the incident as disclosed by the evidence before this court shows that Nigeria has a long way to go towards attaining civilised police force.
The action by Sgt. Mathew Morontonu makes me wonder whether the phrase ‘the police is your friend’ is real. From what I saw before me, definitely the Nigeria Police must do a lot of work to convince Nigerians that, the police is their ‘friend’. Certainly an innocent unsuspecting Nigerian facing the bullet of the police in her bedroom, if alive will have a different story to tell Nigerians on whether the police is really a friend. I condemn the action of the defendants especially Sgt. Mathew Morontonu.
This action succeeds and I grant all the prayers by the plaintiffs. I hereby declare and order as follows:
1.    That the killing of Mrs. Juliana Obiajulu by Sergeant Mathew Morontonu servant and agent of the defendants at Makoko Yaba, Lagos on 30th May 2001 is unlawful, and a gross violation of her right to life as guaranteed by Section 33 of the Constitution of the Federal Republic of Nigeria.’
2.    I award N81,500 (eighty-one thousand, five hundred Naira) to the plaintiffs.
3. I award N5,000,000 (five million Naira) as exemplary damages.
4. 1 also award N5,000,000 (five million Naria) general damages to the plaintiffs.