BY TIMOTHY AGBOR, OSOGBO
Justice Michael Awe of an Osun High Court sitting in Osogbo, has entered judgment in favour of the relatives of a late policeman, Corporal Rauf Fawale, who was allegedly hit with a gun butt by an operative of the Department of State Services, David Olowoporoku, on January 14, 2021, during a birthday party in the state capital.
The court in its judgment awarded N20 million damages against Olowoporoku and the deceased’s colleague, Inspector Medinat Badmus, for Fawale’s death. The decision is sequel to a fundamental rights enforcement action filed by the father and wife of the deceased, Mr. Rabiu Fawale and Mrs. Bilikis Fawale respectively.
The judge ruled that Olowoporoku caused and was responsible for Fawale’s gruesome death by fatally causing the deceased fatal injury on the head after hitting him with a gun butt during a fracas at a birthday party organised by a policewoman (Badmus), adding that the said injury precipitated his untimely demise.
Similarly, Badmus was found culpable by the court for Fawale’s death because she kept the said attack shrouded in secrecy thereby denying the deceased police officer necessary and appropriate medical treatment that could possibly have saved his life.
The father and wife of the deceased who were the Applicants, through their counsel, Mr Lekan Alabi, had filed the application on January 28, 2022 and sought to enforce the right to life of their bread-winner (Fawale).
They prayed the court to award the sum of N500,000,000 against the DSS official, policewoman, Inspector General of Police, Assistant Inspector General of Police, Commissioner of Police and Director of DSS who were Respondents.
Delivering his judgement, Justice Awe said the IGP, AIG and Director of DSS had not acted in breach of the right to life of Fawale and so did not find them culpable. He struck their names out having succeeded on preliminary objections canvassed before the court by their counsel. The CP did not file any court process or appear in court to defend the case.
Awe said, “It is my finding in this case that the 4th and 5th Respondents (Badmus and Olowoporoku respectively) have caused or are responsible for the breach of the right to life of Cpl. Rauf Fawale. The 5th Respondent (Olowoporoku) by fatally causing the deceased fatal injury on the head and which said injury precipitated his untimely demise and the 4th Respondent (Badmus) by keeping the said attack shrouded in secrecy thereby denying the deceased police officer necessary and appropriate medical treatments that could possibly have saved his life.
“The Applicants herein have deposed to the fact that Cpl. Rauf Fawale (deceased) was their bread-winner during his lifetime and this fact has not been contested by the Respondents. The 4th and 5th Respondents are therefore liable to pay compensation and damages to the Applicants for the said breach of the right to life of their loved one.
“In determining the quantum of compensation and damages to be paid by the 4th and 5th Respondents, I have given consideration to the uncontroverted depositions in applicants Affidavit that the deceased, Cpl. Fawale, died leaving two children; with the last being just a month old at the time of his death. Also, the Applicants claimed to have experienced emotional and financial trauma from the time of the deceased death till now. All these I have taken into consideration vis-a-vis the fact that 4th and 5th Respondents are senior Police and DSS Officials who are still gainfully employed by the Federal Government of Nigeria.
“In the light of the above, I find the motion on Notice dated and filed on 28th January, 2022 meritorious and grant the Applicants’ prayers in the following terms.
“It is hereby declared that the intentional and gruesome deprivation of the life of late Police Cpl. Rauf Fawale by the 5th Respondent who hit the deceased with a gun butt on the head on the 14th day of January, 2021 at Riverside Restaurant/Bar, along Oke-Fia Area, Osogbo, Osun State, which eventually led to the death of the deceased police officer on 23/01/2021 constitutes an infringement of his Fundamental Right to life as enshrined in the constitution of the Federal Republic of Nigeria (As Amended) and therefore unconstitutional.
“It is further declared that the use of a gun butt by the 5th Respondent to hit the deceased, Cpl. Rauf Fawale on the head, an incidence which later culminated in his death is unlawful and a breach of the deceased right to life.”
“The sum of Twenty Million Naira (N20,000,000.00) only being damages jointly and severally against the 4th and 5th Respondents as compensation and/or damages for the breach of the Fundamental Human Right to life of Cpl. Rauf Fawale occasioned by the 5th Respondents infliction of injury on the head of the deceased police officer and the suppression or non-disclosure by the 4th Respondent of necessary information that could have assisted the deceased in accessing, timeously, appropriate and necessary medical treatment,” the judge further ruled.
