The Nation Newspaper

Tag: damages

  • Man cries out over police failure to pay N6.1 million damages for brutality

    A father of five, David Ehiosun, who was shot on his left leg by a trigger- happy mobile policeman in 2003 has cried out for help over the failure and continued delay of Police authorities to pay him a sum of N6.1 million awarded as damages by a Lagos High Court.

    Ehiosun said he was shot by one Inspector Sunday Omoseigho at Kingsway bus stop close to Mobolaji Bank Anthony Way because he had refused to cooperate with the later to sexually harass a 15-year- old girl.

    “He threatened to deal with me and even shoot me, so I walked away.  The next day, when I was walking pass, he was sitting and drinking with his police friend at Kingsway bus stop. When he saw me, he stopped me and accused me of disobeying him.  When I tried to explain myself he got angry and poured his drink on me.

    “I asked him why he went that far and he said he would shoot me and while I was still trying to explain myself, he shot me on my left leg.  Immediately he ran away,  I was left in the pool of my own blood.  People around quickly looked for a vehicle and rushed me to Lagos State University Teaching Hospital in Ikeja.”

    A medical report issued by a consultant with the Lagos State University Teaching Hospital (LASUTH), Dr.  Mustafa I. A. made available to newsmen revealed that the victim who had since lost the use of his left leg sustained open fracture of the left tibia and fibula from which he bled profusely.

    In a bid to get justice, the 45-year- old driver, an indigene of Edo State, through the office of the Public Defender had in 2009 sued Inspector Omoseigho, the Commissioner of Police (CP) Lagos State and the Inspector General of Police (IGP) in Suit No: ID/574/2009.

    After years of prolonged adjournments, Justice Bola Ighile of the High Court of Lagos State had on October 15th, 2014, awarded the claimant the sum of N6.1 million as damages.

    Surprisingly, almost four years after the court judgment, Ehiosun is yet to be paid the damages.

    According to him, life has not been the same since the incident, as he has spent all he had on both orthodox and traditional medicine treatment.

    Ehiosun said the injury led to the loss of his job as a driver to a banker, making him a liability to his family.

    In his words, “Due to the injury I sustained from the gun shot, I can’t stand for long and can’t even walk well. I have been going in and out of hospital admission due to complications from the injury.

    “I have five children and I cannot even fend for them. Feeding daily and taking care of my bills is now a luxury I cannot afford.  Some of my children have been forced to drop out of school.  I just want the police to do the needful so that I can get my life together and give my children a better life. ”

    On the attempts made to ensure compliance on the part of the Police,  the victim said he had also written to the Lagos State Government to intervene in the matter.

    He said: “In 2017, I wrote to the office of the Lagos State Governor to come to my aid.  The governor ordered the Attorney General/ Honourable Commissioner ministry of Justice to act on my case.  But till date, nothing has been done.”

    Lamenting his ordeal, he said the police Inspector who was made to face orderly room trial and demoted to a Sergeant has  robbed him of his  happiness and good health.

    “Does it now mean that a uniformed man can do whatever he pleases with the life of a common man and only get a slap on the wrist as punishment? Or is the police now above the law that even a court judgment mean nothing to them?” he said.

  • Ibadan chief gets N2m in damages against telecoms giant

    Ibadan chief gets N2m in damages against telecoms giant

    An Oyo State High Court yesterday ordered a GSM service provider – MTN Communication Nigeria Limited – to remove its telecommunication mast near the home of an Ibadan chief, Ajani Adedokun, with a fine of N2 million against the telecom giant.

    Justice O. M. Lagunju also ordered the MTN Nigeria Limited to immediately remove the high tension cable passing over Chief Adedokun’s roof to avert possible disaster.

    Adedokun filed the suit through his counsel, Mr. S. O. Ogunjimi, of Niyi Ogunjimi and Co Chambers.

    The claimant prayed the court to order MTN Nigeria Limited to remove its mast, which he said was illegally and unlawfully erected near his house, contrary to the provisions for installation of telecommunication masts and towers in the country.

    He also urged the court to award him (Adedokun) N100 million as damages for illegal and unlawful erection of the masts.

    He claimed the erection of the mast was hazardous to his health, the health of his family and other occupants of his house as well as various acts of trespass allegedly committed by the MTN Nigeria Limited.

    Justice Lagunju granted Adedokun’s plea and ordered MTN to remove the mast and the high tension cables.

    The judge held that to allow the cables, as they were, was waiting for a disaster to happen.

    He said the order became necessary because the erection of the telecoms giant’s mast close to Adedokun’s home contradicted the guidelines on installation of telecom masts and towers in the country.

    Justice Lagunju said the guidelines for installation of masts in the country stipulate that the distance of a telecom mast to the nearest house must not be less than five metres; otherwise, such installation would not be approved.

    The judge granted all the claims by the claimant and awarded him N2 million against MTN Nigeria Limited as general damages.

  • Court awards N9m damages against EFCC, firm over lawyer’s detention

    Court awards N9m damages against EFCC, firm over lawyer’s detention

    A Federal Capital Territory (FCT) High Court has declared unlawful the detention of a lawyer, Sylvanus Okpetu, for seven days by Economic and Financial Crimes Commission (EFCC) without a court order.

    Justice A.S. Adepoju, in a judgment on a fundamental rights enforcement suit by Okpetu, faulted the seizure of the applicant’s belongings; awarded N6 million damages against EFCC and N3 million against Julius Berger Services Nigeria Limited and ordered them to offer a public apology to Okpetu.

    The applicant had, through his lawyer, Mike Ozekhome (SAN), sued EFCC and Julius Berger, alleging violation of his fundamental rights by the respondents, following his detention between June 11 and 17, 2015 by EFCC upon a petition purportedly written by Julius Berger.

    The petition alleged fraud against Okpetu.

    Okpetu, in a supporting affidavit, stated that he had rendered some professional services to Julius Berger through his company – Sylvarewa Global Resources Limited – following which there was a disagreement on payment.

    He added: “On the 11th day of June 2015, I was at a hotel in Warri, Delta State, with one Barrister Tony, when an operative of the 1st respondent (EFCC), who introduced himself as Mr. Dein Whyte, in company of some fully armed operatives, emerged from nowhere and informed me that I was under arrest.

    “The operatives proceeded to conduct a search on both my office and house without any search warrant to that effect shown to me, and carted away the originals of all my credentials, my company certificate of accreditation, among other certificates and items.

    “I was forcibly dragged like a common criminal, more in the form of kidnap, and driven to the Nigeria Police Station, ‘A’ Division, Warri by the same fully armed operatives of the 1st respondent. I was detained there without any record taken of my arrest.

    “The following day, June 12, 2015, I was taken to EFCC office, Abuja, where I was further detained till late evening of June 17, 2015 before I was eventually released on administrative bail, after a period of seven days,” Okpetu said.

    In the judgment delivered last Friday, Justice Adepoju upheld the case of the applicant as argued by Ozekhome and faulted the conduct of the EFCC, including its detention of Okpetu without a valid court order.

    The judge told the EFCC that its power to investigate persons, against whom allegations of crime were made, could not amount to a licence to act unconstitutionally by breaching citizens’ rights.

    For the unlawful arrest and detention of the applicant, Justice Adepoju awarded N6 million damages against EFCC with a 10 per-cent interest rate until the entire sum is paid. The judge also awarded N3 million damages against Julius Berger that instigated Okpetu’s arrest and detention.

    Justice Adepoju ordered EFCC to release Okpetu’s seized property and to stop harassing and inviting him to its offices on account of the petition by Julius Berger.

    The court ordered the commission to publish a public apology to Okpetu.

  • Money transfer: Bank to pay N10m damages for negligence

    Money transfer: Bank to pay N10m damages for negligence

    A Lagos High Court sitting in Igbosere has ordered Skye Bank Plc to pay a writer, Odafe Atogun, N10 million as damages for the six thousand Euros (€6,000) Western Union Money Transfer it wrongfully paid to an impostor.

    Justice Mobolanle Okikiolu-Ighile in her judgment held that the bank was negligent when it paid the 6,000 Euros Western Union Money Transfer to an impostor.

    The claimant had in his statement of claim dated July 31, 2009 filed by his lawyer; Pascal Ememonu, accused the bank of negligence in its handling of 6,000 Euros sent to him by one Hudson Killeen from Ireland to establish a printing press in Nigeria.

    But, the bank in its counter affidavit, contended that the High Court of Lagos State lacks the jurisdiction and competence to adjudicate on the suit being a claim arising from money transfer agreement between one Kevin Fuller and Western Union in the Republic of Ireland.

    But Justice Okikiolu-Ighile held that Skye Bank admitted under cross-examination that the Central Bank of Nigeria (CBN) investigated the matter and found that it was negligent in the course of the transaction.

    The court held that the defendant’s witness was not in the banking hall on the November 3, 2008 when the Benin City branch of the defendant wrongfully paid out the 6,000 Euros meant for the claimant to an impostor.

    Besides, the court observed that the bank neither produced the Close Circuit Television (CCTV) recording of the banking hall of its Benin City branch on that day nor did it produce the alleged report of its own investigation.

    Justice Okikiolu-Ighile stated that she found the claimant as a truthful witness after watching his demeanour.

    Consequently, the court awarded the sum of N10 million as general damages and addition N250,000 in favour of the claimant.

  • ‘Madman’ invades kogi bank

    ‘Madman’ invades kogi bank

    An unidentified young man who was declared insane stormed a first generation bank located along Ganaja road, in Lokoja, the Kogi State capital, damaging two Automated Teller Machines (ATMs).

    The incident which happened during the early hours of Tuesday took many of the bank customers by surprise as the man was mistaken for a robbery suspect out on a mission to rob the ATM.

    The attack by the ‘madman’ rendered the two ATM machines useless and the customers frustrated.

    The branch manager, Mr. Emmanuel declined speaking with the press on the matter, saying he is not in position to comment on such issues.

    An eyewitness said that the incident happened at about 9.30am when a young man stormed the bank with a wooden hammer, in an effort to access in the ATMs.

    Confirming the incident, the Police Public Relations Officer, Collins ‘Sola Adebayor, an Assistant Superintendent of Police (ASP), said the unidentified suspect was shot on the leg.

    He promised to make available details of the incidence as soon as investigation is concluded.

  • ‘Include claim damages in tobacco bill’

    A tobacco control group, Coalition Against Tobacco (CAT), has urged the National Assembly to include claim damages and provisions for litigation in the National Tobacco Control Bill.

    The Senate yesterday passed the Tobacco Bill sponsored by  Chairman, Senate  Committee  on Health, Ifeanyi Okowa,  with provisions on smoke-free public places, cigarette advertising, sponsorship and promotion.

    In a statement yesterday, coordinator of the group, Toyosi Onaolapo, who hailed the Senate for rising up to public health concerns, said some excluded provisions must be included during the harmonisation with the House of Representatives.

    “This Bill has overlooked a very important and fundamental provision which is the aspect, whereby those who have suffered from tobacco use either directly or through second hand tobacco use access justice by recourse to claims for damages as is the norm globally.

    “We have to ensure that whatever Bill that is passed follow globally acceptable standards and that all interest groups are protected in the Bill.

    “We call on the Committee on Harmonisation to quickly look into previous bills passed by the Senate and House and ensure that provisions for claims for damages and litigation are included before it is forwarded to the President for assent.”

    CAT insisted that unless the litigation provisions are included, the tobacco industry will continue to evade justice and reign of impunity will continue.

    About three tobacco control bills have been passed by the National Assembly in the 6th and 7th Assemblies.

    The most prominent being the one sponsored by Senator Olorunnimbe Mamora, which was passed in 2011.

    The bill was not signed by President Goodluck Jonathan.

     

  • Amputated cyclist: LASTMA to pay N10m damages

    Justice Doris Okuwobi of an Ikeja High Court has awarded N10milion damages against the Lagos State Traffic Management Agency (LASTMA), and one of its officials, Mr Aidelebe Sunday, for causing bodily injury and amputation to a student, Samson Dibie, in 2011.

    Dibie, who was attacked at Abule Egba with stick by the LASTMA official on December 1, 2011, while attempting to escape arrest with his motorcycle, had dragged the official, LASTMA and the state Ministry of Transport to court through his lawyer, Mrs Funmi Falana.  He had asked the court for N200 million as general damages for his injury and the infringement of his fundamental human rights.

    He had also prayed the court to declare that the action of the LASTMA official, was unconstitutional and illegal, saying it violated his rights to dignity.

    Mrs Falana had told the court the action of the first respondent in the case had almost resulted in the death of the applicant, adding that while he was in hospital, the incident eventually led to the amputation of his right hand, in a bid to save his life.

    She told the court that on December 1, 2011 at about 8:45 am on his way to school, while on his motorbike at Oja Oba, Abule Egba bus stop, the applicant noticed some LASTMA officers arresting motorcyclists, and stopped at the Total Filling Station near the bus stop.

    However, Mrs Falana said while Dibie was trying to escape from the filling station, the LASTMA official named Aidelebe S. in uniform, rushed at him and hit him with a stick on his right arm.

    She submitted that the applicant managed to escape from the scene, but later observed that the arm had swollen up, while he was also unconscious and dizzy.

    Mrs. Falana told the court that the applicant later discovered after medical examination that the bone in his right arm had been fractured, but was advised to amputate the arm to survive. He, therefore, prayed the court to grant his prayers.

    The state government denied the incident, insisting that on the said date, none of his officials participated in arrest of bike riders as alleged by the applicant.

    In a counter affidavit, Sunday said: “There was no fracas between the 2nd respondent officers including me and the motor bike riders on that particular day.”

    He denied the existence of a Total Filling Station at Oja Oba as claimed by the applicant and that the agency never operated with buses, except IN its Toyota Hilux pick-up, adding that the claimed that the applicant instituted the case in bad faith.

    Two years after the case was argued by Mrs Falana and the respondents defended the case through their lawyers from the Ministry of Justice, Justice Okuwobi held that the action of the official was unconstitutional and subsequently illegal.

    She held the action of the LASTMA official violated the applicant’s rights to dignity of human person as guaranteed by Section 34 of the 1999 Constitution of the Federal Republic of Nigeria.

    The court further declared that the assault and physical attack on the applicant by Sunday on the fateful day, which eventually led to the amputation of his right hand, is illegal, unconstitutional and a threat to his right to life as guaranteed in Section 33 of the 1999 Constitution.

    The trial judge also held that the act violated Article 4 of the Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federal Republic of Nigeria.

    Justice Okuwobi awarded the sum of N10 million in favour of the applicant as damages for the infringement of his fundamental rights to life and dignity of person.

  • Oshiomhole wins N25m damages in libel suit

    Edo State Governor Comrade Adams Oshiomhole has been awarded N25 million as damages by a Benin High Court in a libel suit instituted against Docklands Communication and Loye Amzat, publishers and editor of News of the People magazine.

    In the suit No B/556/2011, Governor Oshiomhole sued the soft-sell weekly magazine, demanding N250 million as damages for a report headlined: “Oshiomhole’s sex power exposed: Impregnates young girl six months after death of wife”.

    Oshiomhole, in his testimony as a witness, said the publication libelled his person and that the defendant, among others, falsely wrote that he bought the girl a sport utility vehicle and interfered with the academic activities of Ambrose Alli University, Ekpoma, on behalf of the girl.

    Oshiomhole told the court that he demanded damages because the publication caused him and his children psychological trauma, six months after the death of his wife.

    Justice Efe Ikponmwen also ordered the defendant to publish a well-worded retraction and apology in a similarly conspicuous manner in an edition of the magazine.

    The judge held that the governor’s evidence proved that the publication was libellous.

    Justice Ikponmwen held that although the public had a right to know about a public officer, such information should be in line with the law and must not be in bad faith.

  • Ex-UBEC Secretary, Rep sue magazine for N100b damages

    Ex-UBEC Secretary, Rep sue magazine for N100b damages

    A former Executive Secretary of the Universal Basic Education Commission (ubec), Dr. Ahmed Mohammed Modibbo and a member of the House of representatives, Hajiya Aishatu Dahiru Mohammed, have sued PowerSteering Magazine for libel.

    The second defendant is Oga Tom Uhia

    They are demanding N100billion damages against the publisher of the magazine at the High Court of Justice of the Federal Capital Territory.

    The magazine accused Modibbo of embezzling N80billion while in office as the Chief Executive Officer of the National Teachers Institute (NTI) and the Executive Secretary of UBEC.

    The publication alleged that the member of the House, who is Modibbo’s wife, was implicated in an admission scandal at the Ahmadu Bello University, which she never attended.

    According to the writ, Hajiya Aishatu Dahiru Ahmed only attended the Federal Polytechnic Mubi in Adamawa State where she comes from.

    In the action filed by Ben A Anachebe (SAN), Ocholi James (SAN) and S.I. Ameh (SAN), the plaintiffs are seeking the following reliefs:

    “A declaration that the words published by the defendants about the plaintiffs in the PowerSteering Magazine of April 2013 falsely and maliciously written to the public is defamatory of the persons of the plaintiffs.

    “The sum of N100billion only to the plaintiffs as aggravated and exemplary damages against the defendants jointly and severally for libel, false and malicious publication by the defendants against the plaintiffs.

    “A mandatory order compelling the defendants to publish a retraction of the libelous publication in five of their monthly editions in conspicuous pages as a libelous article for five consecutive months and a written apology to the plaintiffs for the damage caused them.

    “An order of perpetual injunction restraining the defendants, their agents, servants or privies from publishing or further publishing or caused to be published any other defamatory words about the plaintiffs to any person or persons.”

    In a statement of claim in support of the action, the plaintiffs averred as follows:

    “The 1st plaintiff is the immediate past Executive Secretary of Universal Basic Education Commission (UBEC) whose five years tenure expired sometime 2012. A brief profile of the person of the 1st Plaintiff shall be relied upon at trial. Same is accordingly pleaded

    “The 2nd Plaintiff biodata, credentials and certificates obtained in the cause of her trainings before her election to the House of Representatives is hereby pleaded. And shall lead evidence to establish that she is a woman of integrity, good background, discipline, industrious, hard working, a mother and a good wife.

    “The 1st plaintiff, before his appointment as the Executive Secretary of the Universal Basic Education Commission in 2007, was also the Chief Executive of the National Teachers Institute where he was re-appointed his first tenure in 2003 as a result of his meritorious service that led to the rapid growth of the agency.

    “The 1st plaintiff, before his appointment as the Chief Executive Officer of the National Teachers Institute, was an itinerary lecturer at the Ahmadu Bello University (ABU) Zaria.

    “The 1st plaintiff was never indicted for any wrongdoing by any panel set up in ABU; neither was he ever suspended from being a lecturer at Ahmadu Bello University.

    “The 1st plaintiff was a lecturer at the Ahmadu Bello University before he was recommended and eventually appointed to head the National Teachers Institute in year 2000 based on proven competence and meritorious services as a lecturer in ABU.

    “The 1st plaintiff was not a member of any sex-for-admission syndicate while serving in ABU as a History lecturer.

    “The 1st plaintiff is a man of proven integrity and a stout Moslem who has the fear of God at the back of his mind and does not condone nor indulge in corruption or embezzlement of public funds.

    “The 2nd plaintiff is a member of the House of Representatives from Adamawa State, the home state of the 1st plaintiff.

    “The 2nd plaintiff is the wife of the 1st plaintiff and are still living together as husband and wife.

    “The 2nd plaintiff was never a student of the Ahmadu Bello University all her life but only attended the Federal Polytechnic Mubi in Adamawa State where she comes from.

    “The plaintiffs state that they have never been lovers prior to their coming together as husband and wife.

    “The 2nd plaintiff has never been employed in any organisation all her life but has been working as a contractor prior to her involvement in politics that saw her to the House of Representatives.

    “The 2nd plaintiffs, being a contractor, had been securing contracts from the Universal Basic Education Commission (UBEC) for years before the appointment of the 1st plaintiff as the Executive Secretary of the Commission.

    “The 2nd plaintiff always got her contracts from the Universal Basic Education Commission after competitive biddings and due process, unlike the Intermarkets case where the Lebanese wanted the second phase of a contract without due process and sued UBEC under Modibbo when he advertised for bidding–in line with Public procurement Act, 2007.

    “The 1st plaintiff has never lobbied or bribed anybody or given money to any government officials so as to confer an undue advantage on himself for appointment into any lucrative position.

    “The plaintiffs state that the defendants jointly, maliciously and recklessly published in the Power Steering Magazine of April, 2013 ISSN: 2006-523X at the Cover Page with a loud screaming headline MODIBBO STOLE N80B IN TWELVE YEARS? and exhibited the Plaintiffs most recent picture, showing clearly the person being referred to in the article. The Magazine under reference is hereby pleaded. At page 24 to page 29 the damaging article which the writers and publishers knew to be false were printed out with the picture of Dr. Modibbo and Prof. Mahmood Yakubu.”

    No date has been fixed for the hearing.

  • N12m damages: Court exonerates Odubu’s wife

    The Court of Appeal sitting in Benin City has exonerated the wife of Edo State Deputy Governor, Endurance Odubu, of liability in the assault on an Army officer, Capt Olorunduyilemi Stephen.

    Justice George Shoremi yesterday said there was no basis for the lower court to award damages against Mrs. Odubu for the action of her security detail.

    Justice Adamu Hobon of the Federal High Court in July last year ordered Mrs. Odubu and her security detail to pay Stephen N10million.

    Justice Hobon, who awarded another N2million, as special damages for medical bills and car damage, said the beating was “unlawful, unconstitutional and barbaric”.

    Mrs. Odubu was also ordered to apologise to the officer in three electronic media and two national newspapers.

    The court held that the wife of a deputy governor was a private person and not entitled to heavy security guard and use of siren.

    But the appellate court held that there was no liability on Mrs Odubu’s part and that she had nothing to do with the beating.

    The court held that she was not a public officer and that the police and State Security Service (SSS) should be held liable.

    Mrs. Odubu’s counsel Wole Iyamu said the judgment of the Court of Appeal showed that the attempt to drag Mrs. Odubu into the matter was political, motivated by ill-will and an attempt to embarrass and create disaffection.

    Stephen’s counsel Clement Dike said he would study the judgment before commenting.

    The victim was allegedly beaten up on Sapele road, in Benin City on January 11 2010 when his car almost ran into the six-car convoy of the deputy governor’s wife.

    The security operatives were said to have forcibly dragged him out and beat him up before taking him away.