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alt GOVERNMENT OF NIGERIA TO PAY N30 MILLION FOR COMPENSATION FOR HUMAN RIGHTS VIOLATION

The Federal Republic of Nigeria has been ordered to pay N30,000,000 (Thirty Million Naira) as compensation to the named dependants of a commercial driver, David Legbara,  who was killed by security agents of the Government  about two years ago for refusing to give bribes demanded by the agents.


Delivering judgement in suit no ECW/CCJ/APP/38/15 brought by the son, two wives, the sister and brother of the late driver, the ECOWAS Court ordered that the son, then a minor, will get 14 million of the amount while each of the two wives will get 5 million each for the violation of the  fundamental human rights of the deceased.


The remaining 6 million will go to the sister and brother - Mrs Barieenee Tanee and Mr Neyiebari Muele- with each awarded three million by the Court

The panel of three judges of the Court agreed with the Counsel to the Plaintiffs Mr C.I. Enweluzo that the Court has jurisdiction to hear the case, contrary to the preliminary objection of the Defendant and held the Nigerian government liable for the action of its security agent in the shooting and killing of the deceased on 7th August 2015 in Port Harcourt, in the country’s Niger Delta.

The panel, presided over by Justice Friday Chijioke Nwoke dismissed the other claims of the Plaintiffs who had asked for compensation in the sum of two billion naira for the government’s failure to protect the deceased’s right to life and human dignity and another 5 billion for funeral expenses in addition to a public apology.

The deceased son, Thankgod Legbara David, the two wives- Mrs Gift David Legbara and Mrs Sira Legbara as well as the sister and brother filed the suit in which they characterised the killing of the deceased as ‘wrongful, unlawful and a violation of the deceased’s Fundamental Right to life as enshrined and guaranteed under Article 4 of the African Charter on Human and Peoples Rights

The plaintiffs added that the security agency of the defendant admitted to the incident but had not paid compensation to the family of the deceased as requested in writing through the family’s counsel.

Also on the panel were the President of the Court, Justice Jérôme Traoré, and Justice Yaya Boiro.