The Federal Excessive Courtroom in Abuja has exonerated the Division of State Providers (DSS) over the alleged detention and killing of an Islamic State – West Africa Province (ISWAP) terror suspect, Yusuf Lukman Omeiza.
Justice Musa Liman, in a judgement, held that the plaintiffs did not show their declare that the suspect was killed by the defendants.
The plaintiffs, Alhaji Jimoh Yusuf and Mrs Fati Mohammed, had dragged the DSS to the court docket, alongside the Lawyer Common of the Federation (AGF), over the alleged arrest, detention and killing of Mr Omeiza, who was recognized because the chief of ISWAP in Kogi.
Mr Omeiza (aka Magas) was arrested by the DSS on Oct. 1, 2015, in Okene, Kogi, over alleged terrorism-related offences that embrace financial institution assaults and robberies within the space.
The plaintiffs filed the case on Feb. 18, 2021, in a swimsuit marked FHC/ABJ/CS/193/2021.
They’d sought three reliefs by their lawyer, Ejumejowo Asuotu.
The reduction Ms embrace a declaration that the arrest, detention and killing of their son and brother, Yusuf Lukman Omeiza, with no trial by a reliable court docket of legislation was illegal and a breach of his elementary proper to life.
“A declaration of this honourable court docket that the illegal arrest, detention and killing of Yusuf Lukman Omeiza by the first defendant has occasioned a traumatic emotional ache to the plaintiffs and their household.
“An order of this honourable court docket directing the first and 2nd defendants collectively and severally to pay the plaintiff the sum of N10,000,000,000.00 (ten billion naira) solely as damages suffered by the plaintiff and their household occasioned by the illegal killing of Yusuf Lukman Omeiza.”
The DSS counsel, Abdullahi Muhammad of Messrs Compass Chambers, had argued that the plaintiffs’ case, significantly the essential allegation of Omeiza’s “killing”, seemed to be largely predicated on rumour proof, which he stated was inadmissible in legislation based on Part 38 of the Proof Act 2011.
The defence counsel stated the plaintiff’s 1st prosecution witness (PW-1), as the only real witness for the plaintiffs, testified concerning the alleged “killing” of Omeiza.
Nevertheless, below cross-examination, she admitted that this allegation was primarily based on “assumption”.
This “assumption”, the defendant’s counsel stated, “is clearly not primarily based on direct statement or private data of the occasion of killings however somewhat on info or perception derived from others, or from a lack of know-how relating to his whereabouts.”
“Any testimony by PW-1 suggesting that Yusuf Lukman Omeiza was ‘killed’ by the first defendant, with out her having been an eyewitness to such an occasion or having concrete, verifiable proof of it, quantities to rumour,” he stated.
The DSS counsel stated, “The plaintiffs haven’t offered any direct proof from anybody who witnessed the alleged killing or who has direct data of it.”
In response to him, they haven’t produced any official doc, or any doc in any respect, that confirms Yusuf Lukman Omeiza’s loss of life.
“The absence of a loss of life certificates, a police report confirming loss of life, or testimony from any medical skilled or coroner additional underscores the rumour nature of their declare,” Muhammad had argued.
He additional argued that because the plaintiffs had did not show their allegation of killing towards the DSS, they have been due to this fact not entitled to any damages.
The lawyer additionally tendered documentary proof exhibiting that the DSS had transferred the suspect to a sister company facility after his arrest.
This submission was additionally corroborated by different documentary proof tendered throughout the trial by the Nigerian Human Rights Fee (NHRC).
Delivering the judgement on Thursday, Justice Liman dominated that the plaintiffs couldn’t show their declare that the suspect was killed by the defendants.
The presiding choose due to this fact refused to award damages sought by the plaintiffs.
The choose, as a substitute, awarded N300,000 in damages in favour of the defendants.
It could be recalled that Omeiza was arrested over his alleged involvement in terrorism-related actions that embrace the theft assault at First Financial institution Plc Okene.
Through the incident, two policemen have been killed.
He was allegedly concerned in one other theft on the NEPA (PHCN) workplace, Okene, the place N450,000 was carted away, and a theft at Ogaminana, Adavi LGA, the place N24.7 million, being the wage of Adavi LGA workers, was carted away.
It was alleged that after the theft, the stolen N24.7 million was allegedly taken to Omeiza’s residence at No. 17, Inozomi Okene, the place it was shared. (NAN)
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