Saturday, 3 February 2018

UPDATE: Suit No. FHC/J/CS/18/2016: FHC BAUCHI, ORDERS DSS TO PAY MUSA I. UMAR, N10 MILLION AS COMPENSATION FOR SHOOTING HIM IN HIS ROOM



By: Valentine Adese,
 
The Federal High Court sitting in Bauch Judicial Division has ordered the Department of State Security (DSS) to pay one Musa Ibrahim Umar, the sum of Ten (10) Million Naira for shooting him in his arm while he was sleeping in his room at Uyamadu street, Bukuru in Jos-south Local Government Area (LGA) of Plateau state.  

You would recall that REALITY had reported that Suit No. FHC/J/CS/18/2016, filed by Musa Ibrahim Umar against the DSS was slated for Judgment yesterday, the 2nd  of February, 2018, at a Federal High Court, Bauchi Judicial Division, where the case was transferred to from Jos Division..
 

You would also recall that Musa had dragged the DSS to Court seeking the court to declare that the invasion of his room apartment at Uyamadu street, popularly known as Layin Oster on the 2nd of March, 2016, at about 4.20am by the agents of the DSS, without search warrant or any lawful order was a violation of his right to privacy under section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and that the court should also declare that shooting him on the 2nd of March, 2016, at about 4.20am after the invasion in his room by the agents of the DSS was illegal and unconstitutional, as it violates his Fundamental Rights to life and dignity of human person  guaranteed by sections 33 and 34 of the Constitution and Articles 4 and 5 of the African Charter on human and people’s rights (Ratification and Enforcement) Act cap 10 Laws of the Federal Republic of Nigeria, 1990.


In his application, Musa also sought the court to order the DSS to publish an unreserved public apology in at least two (2) national dailies to him for the unwarranted infringement of his Fundamental Human Rights and an order further directing the DSS to pay him the sum of Ten (10) million naira (N10, 000,000.00), as compensation to him. 


In the Court’s Judgment delivered by the presiding Judge, the Court (Bauchi Judicial Division of the Federal High Court (FHC) had declared  that the alleged violation has been proven by the Applicant (Musa) in the  supporting affidavit and exhibits annexed thereto.

The Court declared the  action(s) of the DSS, as illegal and unconstitutional, as it violated the Applicant’s Right to life and dignity of his human person, guaranteed by sections 33 and 34 of the 1999 Constitution (as amended).

The Hon Judge further award the sum of Ten (10) million naira sought by the applicant as contained in the reliefs.

The court however refuse prayer 1,3 & 5 of the  Applicant, which sought for the Respondent to publish a public apology in two (2) national dailies and the cost of the action.

Reacting to the Judgment yesterday, Counsel to the Applicant, Akibu Idris (Esq), thanked the Court for the well considered Judgment, which he said will re-enforce the confidence of Nigerians in the judiciary, as the last hope of the common man.




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