Court has ordered the Nigeria Police Force to pay a sum of N20 million to the family of missing police officer, about two and a half years after he was declared missing,
The court also ordered the payment of N300,000 as litigation cost, against the Police Service Commission (PSC), all payable within 30 days of judgment.
Emmanuel Gene, a Police Constable of the Ogun State Police Command, Ijebu-Igbo division, was allegedly kidnapped by hoodlums during an operation in Aba Tuntun in December 2020.
Gene, whose wife was pregnant at the time, was never found either dead or alive, leaving the family with no option than to institute a case against the police.
In a petition dated September 21, 2021, the family, through its counsel, Kehinde Bamiwola, called on the police authorities to intervene and find the missing cop, dead or alive.
It requested that the Ogun State Commissioner of Police, the then Area Commander of Ijebu-Ode, AC Abiodun Onuoha and the D.P.O., SP Kazeem Solatan should provide answers to the questions.
With no response from the NPF authorities, the family approached the National Industrial Court (NIC) sitting in Ibadan to seek redress.
The suit no. NICN/IB/74/2021, was between Jimoh Gene and Comfort Gene versus the Police Service Commission, the Inspector-General of Police (IGP) and three others.
In the suit, the claimants told the court that the DPO of Ijebu-Igbo at the time of the incident, Kazeem Solatan, took the missing PC Emmanuel Gene for land-grabbing operation at Aba-titun, Ijebu-Igbo, accusing the police of negligence.
In their prayers, the claimants sought that their son be found by the police with the sum of N20 million to be paid to the family of the missing policeman.
On Thursday, Justice Opeloye Ogunbowale, in his judgment granted the reliefs sought by the plaintiffs, saying he found the police liable for negligence under the doctrine of Vicarious Liability and that the police exposed PC Emmanuel Gene to extreme danger.”
The court, therefore ordered the NPF to “rescue and produce PC Emmanuel Gene dead or alive” and that “the sum of 20 Million Naira should be paid to the family with cost of litigation, N300,000.00, within 30 days of the delivery of this judgment.”
Addressing newsmen in Abeokuta, the counsel, Bamiwola, described the judgment as a landmark one against the police.
“The case is about the disappearance of Police Constable (PC) Emmanuel Gene who went missing during an operation at Ijebu-Igbo in 2020 alleged to be illegal.
“The Court in a judgment delivered by Honourable Justice Opeloye A. Ogunbowale found the Police liable for negligence under the doctrine of Vicarious Liability and that Police exposed PC Emmanuel Gene to extreme danger.
“The Police Constable Emmanuel Gene has not been found till date. It was alleged and proved that the DPO of Ijebu-Igbo, SP Kazeem Solatan took the missing cop for land-grabbing operations at Aba-titun in Ijebu-Igbo and he has not been seen since then.
“The reliefs we sought on behalf of the Claimants were all granted. The police are to pay rescue and produce Emmanuel dead or alive.
“They are also ordered by the court to pay a sum of N20 million and N300,000 as cost of litigation, all to be paid within 30 days of the delivery of the judgment. This is justice for all,” Bamiwola said.
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