Kebbi Court Adjourns N523m Extra-Judicial Killing Suit Against Nigerian Army to January 20th.

By Umar Faruk Birnin Kebbl 

The Federal High Court sitting in Birnin Kebbi has adjourned a N523 million fundamental rights enforcement suit filed by Musa Sala, brother of late Muhammad Auwal, until January 20th for judgment. The suit, filed against the Nigerian Army and Chief of Army Staff, alleges that Muhammad Auwal was fatally shot by soldiers on March 31, 2024, at his business premises in Birnin Kebbi during a disturbance.

Hon. Justice Emmanuel Gakko adjourned the case after conducting a definite hearing and considering preliminary objections filed by the Nigerian Army and Chief of Army Staff via Hussaini Zakariya SAN. The Respondants argued that the case should be struck out based on their submissions, while also requesting substantial costs.

Counsel to the applicant , Barrister Abubakar Ahmad Fingilla, countered with legal arguments and citations from Supreme Court and Court of Appeal judgments among others. He urged the court to consider the merits of the case and dismiss the Respondants' arguments. Conversely, counsel to the third and fourth Respondents, Barrister Lagalo D. Lagalo, sought dismissal, pointing out that some issues raised by the applicant were hearsay and inadmissible.

Musa Sala's suit, marked FHC/KB/CS/24/2024, was filed on July 22, seeking enforcement of Muhammad Auwal's fundamental right to life under Section 33 of the 1999 Constitution (as amended). The applicant alleges that the soldiers entered Auwal's premises without provocation, assaulted him, and shot him in the chest.

The applicant is seeking N523 million in compensation and an apology from the Respondents, to be published in both print and electronic media. The case has been adjourned until January 20th for judgment.

It's worth noting that extra-judicial killings have been a recurring issue in Nigeria, with law enforcement agents facing prosecution and conviction for unlawful killings. The Nigerian Constitution guarantees the right to life under Section 33(1), but despite this, torture, ill-treatment, and extra-judicial executions persist.