A Federal High Court sitting in Kaduna has ordered the police authorities to pay a cumulative sum of N300 million to the parents of three Shiite members allegedly killed by their officers while on an Islamic procession in 2022 in Zaria.
Justice Hawa Buhari held in a judgement that the applicants’ fundamental rights as guaranteed in the 1999 Constitution (as amended) and the Charter on Human and Peoples Rights 2004 are hereby enforced and further held that the sum of N100 million that must be paid to each parent of the deceased, making a total of N300 million as compensation and general damages, would attract a 10 per cent interest per anum until the amount is fully paid.
Justice Buhari, in the judgement delivered on April 22, 2024, and a certified true copy of the judgement order made available to newsmen on Sunday in Abuja, consolidated the three separate suits filed by the three next-of-kin of the deceased.
According to the court, “Suit Nos. FHC/KD/CS/138/2022, FHC/KD/CS/140/2022, and FHC/KD/CS/146/2022 are hereby consolidated. The sum of N100 million shall be paid to each parent of the deceased as compensation and general damages with a 10% interest rate per annum until the amount is fully paid.
“The respondents shall tender a public apology to the applicants in one national daily for the breach of their fundamental right,” the judge held.
It would be recalled that three applicants, Magaji Yusuf, Muhammad Lawal, and Aliyu Badamasi, filed the suits marked FHC/KH/KD/138/2022, FHC/KH/KD/140/2022, and FHC/KH/KD/146/2022, respectively, before the court, alleging that, on August 8, 2022, the officers of the Nigerian Police shot and killed Jafar Magaji, Aliyu Lawal, and Muhsin Badamasi while observing their religious act of worship, Ashura Procession, in Zaria City.
They joined the Inspector-General of Police (IGP), Assistant Inspector-General of Police Zone 7, Kaduna State Police Commissioner, AC Surajo Fana (Area Commandant, Zaria), Ibrahim Zubairu (Divisional Police Officer, Kasuwan Mata, Sabon Garin, Zaria Division), and Kasim Muhammad (DPO, Zaria City Division) as 1st to 6th respondents, respectively.
The applicants, in the motions on notice filed on September 26, 2022, by their team of lawyers, including H.G. Magashi, M.D. Abubakar, and Dr. Yusha’u Shaikh, sought a declaration that the shooting and killing of Jafar Magaji, Aliyu Lawal, and Muhsin Badamasi on the said date while on a religious procession was illegal, unconstitutional, and a flagrant violation of their fundamental right to life as guaranteed by Section 33 of the 1999 Constitution and Article 4 of the African Charter on Human and Peoples Rights Cap A9 LFN, 2004.
They, therefore, prayed the court for an order mandating the respondents jointly and severally to pay them the sum of N200 million each for the violation of the fundamental rights of their deceased brothers.
They equally sought an order directing the respondents to tender a formal apology to them by publishing the same in two national dailies that are circulating in northern Nigeria.
However, the respondents, in their preliminary objection dated and filed on November 8, 2022, sought an order striking out the three suits for want of jurisdiction. Besides, they also filed a counter affidavit opposing the suits
But Justice Buhari agreed with the submission of the applicant’s counsel and assumed jurisdiction on the matter, after which she heard and delivered judgement in the suits.
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