Constable to pay N10m damages for shooting bus driver


Justice Olubunmi Oyewole of an Ikeja High Court on Thursday, ordered a police constable, Alibor Narman to pay N10m damages for shooting a commercial bus driver, Mr. Sunday Awoyera.

Awoyera had sued Narman for shooting him at a Police checkpoint in Igando, a suburb area of the state, while in company of his wife and children on August 2, 2008.

He also demanded N10m damages from Narman “for the infringement of his right to life and dignity of human person.”

In his judgment, Justice Oyewole held that with the medical report of the victim, “there was severe tissue loss and deep laceration of the mandible of the bones.

“I declare that the action of the police officer is unconstitutional, as it violates the applicant’s right to life.

“The dignity of the applicant has been significantly impaired upon, his person was trampled upon and he will live with the nightmarish incident.

“I hereby award the full sum of N10m jointly and severally against the respondent”.

The commercial bus driver told the court that the police officer placed the gun at his neck and pulled the trigger in the presence of his wife and children.

But Narman had through his lawyer, Chief S. W. Baidi, urged the court to dismiss the application of the commercial bus driver since his client name was not mentioned in the reliefs sought by Awoyera.

Awoyera had, however, through his lawyer, Mr. Simeon Oyeniyi, insisted that the erring police officer was guilty of the offence as charged.

http://www.punchontheweb.com/Articl.aspx?theartic=Art201002193253859

Like some people have averred in their reactions to the judgement,I concur that the eminent judge,erred in her judgement as the defendant was an officer of the Nigeria Police and was dressed in full official uniform and perpetrated the criminal act with official uniform so the fine should have been against the Nigeria Police as an institution,this would have had the dual advantage of ensuring that the fine would be paid and having paid such fine,the force would then be forced to take steps to discourage their rank and file from unlawful shootings in future

Wherever is the constable likely to get N10 million to pay the fine,my suspicion is that he may appeal the judgement,even to the highest level and if eventually he loses at all levels may end up being remanded in prison custody(which is not what the appelant would have preferred)

What do you guys think?

Where on earth do they expect a constable to get N10 million from ? why not charge the Nigerian police force which will in turn call its officers to order on arms handling.