For unlawful arrest, detention, torture, and alleged death of Mark Kajo, a Federal High Court sitting in Abuja, on Wednesday, ordered the Inspector-General (IGP) of Police to pay Mrs Mary Kajo the sum of N100 million over the death of her husband.
Mary Kajo had, in the suit marked: FHC/ABJ/CS/600/2023, sued the Nigeria Police Force, I-G, Benue Commissioner of Police, and the Attorney-General of the Federation (AGF) as 1st to 4th respondents respectively.
In the affidavit she deposed to on May 2, 2023, Mary averred that her late husband, a plumber was arrested by officers of the police on Jan. 1, 2018, around Wurukum Market in Makurdi, Benue state detained and tortured by the police and eventually executed without trial.
According to her, on the said Jan. 1, 2018, her husband left the house for the Wurukum market to purchase medicine for their ailing child but did not return home, but later told her one Andover is in the custody of the Criminal Investigation Department (CID) at Benue Police Headquarters in Makurdi and made a confessional statement that he stole a car and gave it to her late husband.
She stated that her husband was moved to Police Headquarters in Abuja and referred to the Federal Special Anti-Robbery Squad (FSARS) at Area 3.
Justice Inyang Ekwo, while delivering the judgment also ordered the police authorities to pay the sum of N500,000 as the cost of filing the suit and directed that a five percent post-judgment interest on the fine until the judgment debt is fully settled.
The judge explained that the police authorities did not challenge the case of the applicant and declared that the killing of the late Mark in custody by agents of the police was wrongful, illegal, and unconstitutional.
“The position of the law remains that affidavit evidence which is not challenged or controverted howsoever, is deemed admitted and can be relied upon by a court.
“It violated Mark’s constitutional rights under Section 33 of the 1999 Constitution (as amended) and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, CAP.A9, Laws of the Federation of Nigeria, 2004.
He said the deceased had a fundamental right to life guaranteed and enforceable under the laws
“I find that the applicant has established that the fundamental rights of her husband, Mr Mark Kajo, have been breached by the inexplicable cold-blooded extra-judicial killing of the deceased in the custody of the 1st to 3rd respondents.
“Nothing can ever be more barbaric and nastier than this kind of death in the hands of law enforcement agents whose statutory and constitutional duty is to protect lives and property.
“By not filing any process in this case, I presume that the 1st— 3rd respondents are least perturbed about such loss of a citizen’s life in their custody and the outcome of this suit.
“Where it is established that the fundamental right of a citizen has been breached, the law is trite that damages in compensation, legally and naturally follow every act of violation of citizen’s fundamental right;” he said.
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