Victim of police attack cries out: ‘My assailant got promoted, while I lay paralyzed’

His 23-year-old son was a victim of what could best be described as “senseless” shooting  by a Police Constable (now Corporal) Gbenga Fashola, aka “FASH” last May. But, the dramatic twist in the case, which had earlier been given “justice” according to the victim’s father made him to go into “trance” for several minutes.   […]

His 23-year-old son was a victim of what could best be described as “senseless” shooting  by a Police Constable (now Corporal) Gbenga Fashola, aka “FASH” last May. But, the dramatic twist in the case, which had earlier been given “justice” according to the victim’s father made him to go into “trance” for several minutes.

 

As he shook his head severally bemoaning the development, these questions come reeling out amidst emotion, which almost took better part of him: “Is this justice? Is this what the Provost assured me? Is this how my son will remain? Elder Rasheed’s only request is “please let them come and do how my son will regain his erection and I leave everything to court of God.”

As he was about rounding off, Jubril in long sleeve blue stripped shirts instantly showing this our correspondent what the trigger happy policeman did to him.

“Oga sir, see I cannot get erection after the shooting. I have been to about three hospitals now; they say I should go and be watching blue films but know result yet.

“And Fash is going about boasting that we cannot do anything.  It is not fair,” Jubril laments.

Fashola, who was dismissed by the Police for “shooting Jubril in error” was recently reinstated and promoted to the rank of Corporal, a development creating and generating mixed reactions from the police, the Department of Public Prosecution (DPP) and even the members of the local and international communities.

Fash, a Police Corporal with the Ogun State Police Command was posted to the Ilupeju Divisional Police post, Sabo, in Abeokuta North local government area of the state.

On that fateful day, Tuesday, May 11, 2010 Fash, allegedly acting the script of one Rita, had stormed the house of the Rasheeds’ family (Ghanaian nationals) to apprehend one Faruk, who Rita had reported at the Station. Faruk told Weekly Trust that his girlfriend, Rita had gone to the Police Station to report a misunderstanding between them. “Three of them (Police) arrived at our place, with Fash cocking his gun as if he wanted to arrest a criminal.

“My brother, Jubril who sensed that there is a relationship between Fash and Rita resisted my being arrested and at that juncture, he was arrested instead and whisked away to the station. Before I could get to the station I heard gun shots and before I ran to the station, I saw my brother in pool of blood,” Faruk, whose statement was corroborated by one Yusuf Adeboye said.

The shooting resulted in a spontaneous reaction from the youths and the whole community was ruptured for several hours. Jubril was shot at close range by Fash who had earlier threatened to “deal” with him for not allowing the arrest of his brother, Faruk. The youths in the community had then wanted to create disruption over the shooting but for the intervention of the top echelon of the state police command who assured that justice would be done on the matter.

The incident attracted the attention of the Ghanaian High Commission who equally sought for justice.

Meanwhile, after an alleged attempt by the Police to cover up the act, the command’s Public Relations Officer, Muyiwa Adejobi, disclosed that Fashola who shot the victim had been arrested and detained for questioning. According to him, no one will attempt to cover anything like that.

“It is unfortunate that this happened at a time when the IG (Inspector-General of Police) is working hard to carve a new image for the police”, he said, assuring that if it is proved that the constable shot at a time he was not supposed to shoot, he would be given the necessary punishment.

What appears to be a resemblance of justice however came the way of the Rasheeds as the Police Command after Court room trial found Fash was guilty of the act and subsequently recommended him for dismissal. Besides the dismissal, his employers also said he would be prosecuted for what they called “misuse of firearms against a hapless foreign national.”

Aboagye Rasheed confirmed that he witnessed the ruling of the Orderly Room Trial of Fashola when he was invited by the Police Command Provost on June 8 after his “dismissal”. He said: “The Provost, who read the judgment, told Fashola that he had been found guilty beyond all reasonable doubt; that he wrongfully used arms when he was not supposed to use it and that his action was contrary to Police rules and regulations.

“The Provost said he was dismissed and would be prosecuted for attempted murder.       But based on rumour,   I went to the Sabo Police Station last Monday (November 29) to confirm. To my astonishment, I met him (Fashola) wearing his new rank.

“I was there at the Provost office where Fashola signed for his dismissal. I thanked God that justice was done. And the Police told me to forget about the matter. We were given N50,000 and the family of Fashola gave N18,000. That was all.”

It was with shock, Aboagye recounted that he saw Fashola in new uniform and rank at the same station at Sabo. “I was told by people and I personally visited to confirm. I saw him and even extend handshake which he rejected. I could not believe it.” Upon his checks, Jubril’s father said that a department; Department of Public Prosecution (DPP) set him free as there was no case established.

“What!,” Aboagye exclaimed, “you mean it is possible to be prosecuted without evidence when my son was not killed when there is a medical report, when the Police had themselves found him guilty, what sort of country is this?” the bewildered man told Weekly Trust.

Checks further revealed that the policeman was recently seen in Abeokuta at a popular church, which recently concluded its annual convention on Quarry Road, testifying to a large congregation that he had been reinstated and promoted. He was even quoted as saying that he committed no wrong in shooting Rasheed.

The story assumed a more worrisome dimension when a national newspaper quoted the Adejobi as saying that Fashola had indeed been dismissed. He was said to have challenged Rasheed to prove his allegation.

Adejobi said: “He who alleges must prove. Let the father of the boy show a photograph of the officer (Fashola) in his new rank. There is no information or signal at my disposal that he was promoted or re- instated. He committed a criminal offence. He was tried, found guilty and dismissed. I’m sure he has not been re-instated.”

On its part, the Department of Public Prosecution in the Ogun State Ministry of Justice has said that it relied on the report presented by the state police command before advising the court when Fashola was brought for prosecution. More shocking revelations came from the DPP that the police did not even inform the department that Fashola had been found guilty and dismissed after an orderly room trial was conducted.

The state‘s Deputy Director of Public Prosecution, Mr. Olaotan Olusegun, who requested Weekly Trust to rely on the information contained in another national tabloid, said the department could not be blamed for advising the court that Fashola had no case to answer when the police report indicated that Jubril was a victim of accidental discharge.

Olusegun said “the ministry had in the past prosecuted police officers, who had gone outside their call of duties to do criminal things, even up to the Supreme Court and we got them convicted with sentences confirmed.

“This is one of such cases and usually what we do is to rely on information sent by the police to give legal advice. We got the case file and reviewed it and it was apparent that the victim from the case file tried to obstruct the arrest of his brother, Faruk Rasheed, and in the process reinforcement was sent for and that was when the suspect Fashola came in.

“From the available evidence before us, we heard that when the victim was being taken to the police station, he jumped down from the bike and tried to escape and the policeman pursued him. The fact in the police file revealed that Fashola fell down and his rifle released some gunshots, which injured Jubril.

Olusegun insisted that the fact presented before the department by the police was that it was a case of accidental discharge that occurred in the process of pursuing a fleeing suspect.

The deputy director, who went through the case file submitted by the police while speaking with our correspondent, attributed the decision of the department to the content of the case file.

Responding to our correspondent’s enquiry on why the department said Fashola had no case to answer when it was established that he had been given an orderly room trial and dismissed by the police authorities, he said the police did not disclose the verdict of the trial.

“Unfortunately, we do not have the information that an orderly room trial was earlier conducted and that the policeman had been dismissed. The police did not disclose this to us”, Olusegun stated.

When the Weekly Trust again spoke with Adejobi on Friday, he again hinted that Fashola’s case was a “partial reinstatement”, adding that the matter is already before the Inspector General (IG) who is taking a second look as the case.