Alleged extra-judicial killing: Court adjourns N523m suit against Nigerian Army in Kebbi


By Umar Faruk Birnin Kebbi 

The Federal High Court, in Birnin Kebbi, on Thursday, adjourned a N523 million fundamental rights enforcement suit filed by Musa Sala, brother of late Muhammad Auwal until Nov. 12.

Justice Emmanuel Gakko, adjourned the case following an oral application by Sala’s counsel, Ahmed Abubakar- Fingilla,
to enable him respond to a counter affidavit filed by Munirat Yahaya lawyer to the Nigerian Army and Chief of Army Staff.

Series News Online correspondent reports that Sala, in the suit marked: FHC/KB/CS/24/2024 dated and filed on July 22 by Ahmed Abubakar- Fingilla, had sued Nigerian Army, Chief of Army Staff, and Kebbi Government as 1st, 2rd and 3rd  respondents, respectively. 

The applicant is seeking enforcement of Muhammad Auwal's fundamental right to life under Section 33 of the 1999 Constitution (as amended).

" Muhammad Auwal was fatally shot by soldiers on March 31, 2024, at his business premises in Birnin Kebbi during a disturbance.

" The soldiers entered the premises without provocation, assaulted Muhammad Auwal, and shot him in the chest. 

" The shooting to death of Muhammad Auwal on the 31st March, 2024 by the Nigerian Army Personnel at Birnin Kebbi town is arbitral and absolute/gross infraction of Late Muhammad Auwal’s Fundamental Right to Life guaranteed by Section 33 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)," he alleged. 

The plaintiff, therefore, prayed the court to award N523 million in compensation and order the respondents to tender an apology which should be published on both print and electronic media, 

Hon. Justice Emmanuel Gakko then adjourned the matter until Nov. 12 for definate hearing.

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