The police, on Wednesday, submitted before the National Human Rights Commission (NHRC)’s independent investigative panel on human rights violations by SARS and other police units that the family of late CSP Akor Ude was more entitled to N20 million compensation and not late Peter Ekwelor’s family as they sought.
Counsel for the police, Fidelis Ogbobe, made the submission during the adoption of final written addresses in the petition, marked 2020/IIP-SARS/ABJ/81, filed by Chief Peter Ikechi and other members of Odekpe community in Anambra State, alleging death in custody, arbitrary arrest and detention, unlawful use of firearms resulting in the extra-judicial killing and abuse of office.
Respondents in the petition are CSP Danjuma Ochejeh of Delta State Police Command; OC IGP-IRT, Force Headquarters, Abuja; FCT Commissioner of Police; Delta State Commissioner of Police and Inspector-General of Police.
According to Ogbobe, based on the fact that there was sufficient evidence that the late CSP Ude, who he described as the real victim, was killed by the Odekpe community, adding that the cause of Ekwelor’s death was yet unknown.
The police had alleged before the panel that the late Ude was taken away by some members of the Odekpe community when he led a police team on a peace mission to the community and allegedly violently butchered.
Ogbobe said contrary to the application of the petitioner’s counsel, B.C. Egwuatu, that Ekwelor’s family deserved N20 million compensation considering the circumstances of his death in police custody, Ogbobe declared it would be presumptuous to conclude that Ekwelor was extrajudicially killed by the police the cause of his death was yet to be determined.
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According to him, in view of the circumstances surrounding his death, Ude’s family deserved to be paid a compensation of N20 million, adding that the late Ude was the breadwinner of his family.
He informed the panel that Ekwealor’s family and their counsel were not forthcoming in responding to police invitation to be part of a proposed autopsy on the body of the deceased to date.
The police lawyer, therefore, urged the panel, presided over by Dr Garba Tetengi SAN, on behalf of the substantive Chairman, Justice Suleiman Galadima (retd), to dismiss the petitioner’s counsel’s appeal for compensation of N20 million.
He said that paying compensation to Ude’s family was very important, submitting that failure to do so might dampen the morale of serving policemen who were mandated to protect the lives and properties of citizens.
Ogbobe submitted that Ekwelor’s family were not entitled to the compensation they asked for since they were unable to prove their case of extra-judicial killing beyond all reasonable doubt as required by the Evidence Act.
On his part, counsel for the petitioner, Egwuatu disagreed with Ogbobe’s submission, saying that the late Ekwealor was a victim of abuse of power and unlawful use of firearm, resulting in his death in police custody.
According to him, Ekwelor’s victim’s family was entitled to a compensation of N20 million rather than what Ogbobe told the panel.
Egwuatu informed the panel that the late Ekwelor had 11 children who were finding it difficult to feed and continue their education in the absence of their father, who was the family’s breadwinner.
He added that apart from Ekwelor’s family being paid the compensation, another N20million compensation should be paid in favour of Aboy Uduaga, who was allegedly killed extra-judicially by a police team that invaded the Odekpe community during a communal clash with a neighbouring community, Ana.
Surprised by the claim and counterclaim by parties, Dr Tetengi said the panel did not know that the police were coming up with a claim of compensation.
According to the senior advocate, if the police had filed a counter-petition from the beginning, it would have been clear to the panel and the petitioner’s counsel that the police were seeking compensation for their officer who was allegedly killed by some members of the Odekpe community.
Also, in his remarks, a member of the panel, John Aikpkpo Martins, representing the Nigerian Bar Association (NBA) on the panel, submitted that the panel was set up to investigate human rights violations by the police against the citizens and not human rights violation suffered by the police.
He, however, said that since the police had pointed out the alleged killing of CSP Ude, the panel would look into it and decide on what to do about it in the interest of justice.
Meanwhile, the panel had adjourned the petition for its (panel’s) report.
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Alleged death in custody: Police, petitioner’s lawyer disagree over victims’ compensations
Alleged death in custody: Police, petitioner’s lawyer disagree over victims’ compensations
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