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Monday, December 10, 2012

Pending suit stalls Bayelsa checkpoint killing’s trial

The Punch - Nigeria's Most Widely Read Newspaper
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Pending suit stalls Bayelsa checkpoint killing's trial
Dec 10th 2012, 23:55

A Federal High Court sitting in Yenagoa, Bayelsa State on Monday declined to grant the reliefs sought by the family of Emmanuel Victor, a 20-year-old boy, who was allegedly killed by the police at a checkpoint in Yenagoa.

The court, presided over by Justice R.M Akawo in its ruling, said the reliefs were dependent on a pending criminal suit at the state High Court.

According to Akawo, it would amount to abuse of judicial process if the court made pronouncement on the reliefs without allowing the lower court to dispense with the criminal aspect of the matter.

The father of the deceased, Mr. Edet, a Staff Sergeant attached to the Joint Task Force in the Niger Delta and his mother, Grace, filed the suit, seeking N200m as damages for the infringement of their son's right to life.

The suit was filed on their behalf by Falana & Falana Chambers.

Victor was allegedly killed by the police at a checkpoint along Sanni Abacha Expressway on October 16 after a church service.

He was allegedly killed for condemning extortion and bribery at the checkpoint.

After the shooting, the police were said to have removed a copy of the Holy Bible he held in his hand and replaced it with a pair of scissors.

The police said they had dismissed an Inspector, Mr. Lucky Obomerelu; two corporals – Mathew Egwegwe and John Imeh – who were indicted for the killing.

While the police said criminal charges had been instituted against the suspects, the family filed a civil matter against the Commissioner of Police and the Nigeria Police Force to enforce the deceased right to life.

The family in the suit dated December 15, 2011 asked the court to declare that the killing of Victor was illegal and amounted to a violation of his fundamental rights to life as guaranteed by Section 33 of the 1999 Constitution.

 

 

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