THE ECOWAS Court of Justice has given the Federal Republic of Nigeria one week from 7th October 2020 to file its defence in a case filed by the family of a 30-year old man, Solomon Andy, who was allegedly killed by a soldier and the body dumped in a mortuary.
A three-man panel of the Court presided over by Justice Gberi-be Ouattara, granted the
request of the Counsel to the Federal Republic of Nigeria for an opportunity to file
responses. In the interest of justice, the Court suspended its judgment and ordered the
defendant to file responses, if any, within one week from 7th October 2020.
A statement by the regional court said that Case no ECW/CCJ/APP/13/18 was instituted by Helen Joshua and others against the Federal Republic of Nigeria in February 2018, but without conditional appearance
from the defendant. The Plaintiff’s Counsel therefore filed an Application for Judgment
in default in May 2018.
The Court found the objection of the Plaintiff for deferment of Judgment and extension
of time for the defendant to file responses as justifiable, and also noted that the
defendant was appearing in the case for the first time on the 7th day of October, 2020
that was scheduled for judgment, and expressed displeasure at the conduct of the
defendant.
It, however, held that it is guided by the circumstances and in the interest of justice, allowed the defendant an opportunity to be heard. The defendant was represented by
Barrister Olayinka Akande, who was holding the brief of Maimuna Lamin Shiru.
Following an oral application by the Plaintiff, the Court had issued an interlocutory
order, at an earlier hearing, for the release of the corpse to the family from the 44 Army Reference mortuary in Kaduna where the body was deposited.
Counsel to the plaintiffs, Gloria Mabeiam Ballason, while presenting her application for default judgment, noted the failure of the defendant, the Federal Republic of Nigeria,
to put up appearance ‘despite being served’ and for not showing ‘reasonable cause for
disrespecting the authority of the Court by not entering appearance or deeming it
worthy to respond to the Court’s invitation.’
She therefore urged the Court to activate the joint provisions of Articles 35 (1) and 90 (1) of its Rules of Procedure against the defendant as ‘based on their actions, they have
fulfilled the conditions for the entry of a judgment as enumerated in Article 90 which
are failure to lodge a defence to the application and failure to lodge a defence within
the stipulated time.”
In the initiating application, the Counsel had cited a statement issued by the First Division of the Nigerian Amy on 9th June 2017 in which it said that ‘a soldier deployed
for internal security at Command Secondary School Kaduna opened fire on some youths
suspected to have encroached on the school premises and that one of the youths was
hit and died on the spot.’
In the suit, Mrs. Joshua and Mr Andy Ita Ukpe, father of the deceased and seven others said the 9th June 2017 killing of Mr. Solomon Andy amounted to the violation of the right
to life of the deceased.
The plaintiffs, which also included the two brothers, three sisters and maternal grandparents of the deceased, with whom he was living at the time of the incident challenged the confiscation and continuous retention on the body of the deceased by
the Nigerian Army, an agent of the Federal Republic of Nigeria describing it as a
violation of the right to dignity of the Human person.
They averred that on the day of the incident, the deceased, a poor but hardworking
man went to work with some friends at a sand dune close to Polytechnic quarters by Command Secondary School, Kakuri Kaduna, Nigeria where he had worked for more
than seven years where they were accosted by a group of soldiers, one of whom is
believed to be “Private Ocheme Abel” who ordered them to frog jump.
According to the plaintiffs, the situation deteriorated to the point that Private Ocheme
shot the deceased who was then taken to Bengola Hospital where he was confirmed
dead and that in July 2017, the family got a hint that the body was deposited at the 44
Army Reference Mortuary.
Furthermore, the plaintiffs averred that the family went to view the body and were horrified by the stench from the decomposing body but were told by the mortuary
attendants that they had instruction not to release the body.
They therefore asked the Court for a declaration that the killing of the deceased by the
soldier was unlawful and a breach of Article 4 of the African Charter on Human and
People Rights adopted by the Federal Republic of Nigeria in 1990.
The Plaintiffs also urged the Court to award the sum of $ 900,000.00 (Nine hundred
thousand dollars) against the Defendant, the Federal Republic of Nigeria for the
wrongful, arbitrary and unjustifiable killing of the deceased and another $ 500,000.00
(five hundred thousand dollars) for the willful, intentional and perpetual refusal to
recognize the inherent right to dignity of the human person by the confiscation and
continuous retention of the body.
Other members of the Panel include, Justice Keikura Bangura and Justice Januaria Costa.
GIK/APA