17th April, 2014
Daniel Ekugo
A Lagos High Court sitting in Ikeja, Lagos State, western Nigeria has ordered the Nigeria Police Force to pay N25 million as damages to the family of Femi Michael Ilesanmi, who died while in custody at the State Special Anti-Robbery Squad, SARS, Ikeja, Lagos.
The trial judge, Justice O. Atinuke Ipaye, gave the directive while delivering judgement on the matter on Friday, 11 April, 2014.
Joined in the suit were the Lagos State Commissioner of Police, Umar Manko, the officer in charge of SARS, Mr Abba Kyari, and the Divisional Police Officer, Abattoir Police Station, Oko-Oba, Agege and Wasiu Elemere.
The court ruled that the victim’s arrest and subsequent detention by the police on 21 June, 2013 at Abattoir Police Station was illegal, unlawful and a violation of his fundamental rights to dignity of human person, right to liberty, right to fair hearing, right to private and family life and right to freedom of movement.
The court further ruled that the torture and killing of the victim by the respondents and their agents on 25 June, 2013 while in their custody was illegal, unlawful and unconstitutional as it violates the fundamental right of the deceased to life as guaranteed by Sections 33(1), 34(1) (a), 35(1)(3)(4)(5) & (6), 36(1) (5) (6)(a) & (b) of the 1999 Constitution as amended.
The judgment was sequel to an application for enforcement of the victim’s right to life filed by his younger brother, Bayo Ilesanmi, through their counsel, Fadekemi Ayeni Esq.
Bayo, in a 35-page affidavit, had demanded for N100 million to be jointly paid by the respondents to the family as compensation for the violation of the fundamental rights of the victim.
In her judgment, Justice Atinuke Ipaye condemned the police for the extra-judicial killing of the victim and ordered them to pay N25 million damages to his bereaved parents.
The court also ordered the police to release the body of the deceased to his family for burial.
According to the judge, “it appears to me that the police are labouring under the heavy burden of painting the applicant as black as possible in order to justify his death. This ought not to be so. The death of Femi may be an unfortunate accident but it does not detract from the fact that he died in the custody of the police. This suit is not an inquisition to determine which of the officers is directly responsible or a coroner’s inquest to determine the cause and circumstances of his death.
“I must come to the inevitable conclusion that the death of Femi while in the custody of coercive agents of the state is a breach of his fundamental right to life as constitutionally guaranteed and I so hold.
“I hereby declare that the death of Femi Michael Ilesanmi in police custody on 25 June, 2013 is a breach of his fundamental right to life as guaranteed by Section 33 of the 1999 as amended. It is hereby ordered that the 1st to 3rd respondents jointly and severally take all necessary and immediate steps to release the corpse of Femi to his family members forthwith.
‘’I hereby declare that the 1st to 3rd respondents jointly and severally breached the fundamental right to life of the now deceased applicant, Femi Michael Ilesanmi. An order is hereby made that the Nigeria Police Force bears ultimate responsibility for the actions of the 1st to 3rd respondents and is to pay the sum of N25 million to Femi’s family as compensation for his death while in police custody.”