Family of ‘slain’ Osun poly student files N200m suit against police

The family of Abiola Afolabi, the student of Osun State Polytechnic who was allegedly shot dead by police officers, has instituted legal action against the Nigeria Police Force (NPF).

On April 3, some police officers allegedly shot Afolabi on his leg at a friend’s residence in Osogbo, Osun state capital, during a raid.

The raid was conducted by officers attached to the housing estate police station.

Afolabi was said to have died in police custody.

Yemisi Opalola, Osun police spokesperson, in a statement on April 8, said Afolabi was a suspected armed robber and was shot during the raid by police officers.

Opalola added that he was taken to the hospital for treatment but later died.

The incident had sparked a wave of protests in Osun as students and civil society organisations demanded justice over what they described as the “extra-judicial killing” of Afolabi.

Afolabi’s family, through Funmi Falana, their counsel, on Wednesday, filed a fundamental human rights suit at the high court in Osun against the police, Usman Baba, inspector-general of police, and Tobi Timileyin, the police officer who allegedly shot the deceased.

According to the court documents, the family demanded the sum of N200 million as compensation for the infringement of Afolabi’s right to life.

“A DECLARATION that the humiliation and degrading treatment meted out on the deceased before he was killed by the 3rd Respondent is illegal, unconstitutional and a gross violation of his right to dignity of human person as guaranteed in Section 34 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 5 the African Charter on Human and People’s Rights (Ratification and Enforcement) Act 2004,” the court document read.

“A DECLARATION that the extra judicial killing of Afolabi Abiola at Zone 10, Osogbo, Osun State on the 3rd of April, 2022 by the 3rd Respondent is illegal and unconstitutional as it violates the fundamental right of the deceased to life as guaranteed by Section 33 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 2004.

“A DECLARATION that the seizure of Lexus ES 330 Car and Iphone 7 phone belonging to the deceased by the Respondents constitutes a violation of the deceased’s rights guaranteed under Sections 44 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 14 of the African Charter on Human & Peoples’ Rights (Ratification and Enforcement) Act Cap. 10, Laws of Federation of Nigeria, 2004, and it is therefore unconstitutional and illegal.

“AN ORDER of this Honourable Court directing the Respondents to jointly and severally pay the sum of N200, 000, 000.00 (Two Hundred Million Naira) to the applicant as compensation for the infringement of the fundamental rights of the deceased to dignity and life guaranteed by section 34 and 33 of the 1999 Constitution of the Federal Republic of Nigeria, (As Amended) and article 4 and 5 of the African Charter on Human and Peoples Right (Ratification and Enforcement) Act 2004.”