The judiciary, they say is the last hope of a common man. This saying became apt when a 62-year-old man, Mr. Sunday Awoyera, was awarded N10m as damages by a Lagos High Court, Ikeja Division, on February 18, 2010.
The judge, Justice J.O.K. Oyewole, awarded N10m to Awoyera for the injuries he sustained when a trigger-happy policeman, Alibor Narman, shot him in the jaw at a checkpoint on August 2, 2008.
The judgment reads in part, “I accordingly declare that the shooting of the applicant(Awoyera) on August 2, 2008 by the 2nd respondent (Narman) working under the 1st respondent (Inspector General of Police), is illegal and unconstitutional as it violates the applicant’s fundamental rights to life and dignity of human person guaranteed by sections 33 and 34 of the Constitution of the Federal Republic of Nigeria 1999, and Articles 4 and 5 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria, 1990.
“In the light of the above and considering the totality of the circumstances of this case, I hereby award the full sum of N10m claimed, as just and reasonable damages in favour of the applicant against the respondents herein jointly and severally.”
Awoyera was driving his family home after attending a wedding when his vehicle was stopped at a checkpoint in Atan Kekere, Ipaja, Lagos.
Narrating his ordeal to PUNCH METRO, Awoyera said, “One of the three policemen, who stopped us, checked our bus and when he realised that we were all in the same attire, he waved us through.
“Suddenly, Narman, who was a little farther away from the man who checked us, came along as we were moving and started hitting the bus with the butt of his gun, shouting that we should stop. I explained to him that his colleague had already done the checking and certified us okay.
“Narman, who was obviously drunk, got angry at this point and started threatening that he would shoot me, if I argued with him. He said, ‘I will shoot you and run away, and nothing would happen.’ Everybody in the bus was begging him not to shoot. At a point, he aimed at the ground beside the front tyre and fired.
“He immediately dipped his hand inside his pocket and produced a bullet, which he inserted in the gun. At this point, everybody in the bus was shouting and pleading with him not to shoot. He pointed the gun at me through the driver’s window and shot me at pointblank range in the jaw. That was the last thing I knew until I woke up in the Lagos State University Teaching Hospital, Ikeja, Lagos.”
PUNCH METRO learnt that when Narman shot Awoyera, the bullet went through the left side of his jaw and exited the other side, tearing a part of the jaw.
Awoyera said he learnt later that immediately he was shot, the three policemen ran away, while his children chased them. They, however, could not catch any of them.
Awoyera spent three weeks in the hospital’s intensive care unit. When he was discharged, he contacted a Lagos-based Lawyer and human rights activist, Mr. Femi Falana, who took up his case.
In a letter signed by Dr. Oyapero Afolabi on behalf of Dr. Okoturo Eyituoyo, and addressed to the law firm of Falana, it was stated that the gunshot destroyed most of his jaw.
The letter reads in part, “There was severe tissue loss in the lower 1/3 of the right side of the face and bone loss in the body of the right mandible. There was a deep laceration in the sub-mandibular region upper part of the neck,” adding that Awoyera “will require reconstruction at a later date.”
Falana then sued the Inspector General of Police with Narman and won the case.
But Awoyera lamented that since the judgement was delivered, the police had not taken any step to pay the N10m damages awarded to him by the court.
He said, “Each day is an agony for me. I cannot eat without excruciating pain, even if I talk too much, I would be in pain. You can see for yourself in the doctor’s letter that my jaw still needs reconstruction.
“I want the IG to please relieve my pain. I need this money to continue to live a normal life. It’s been a year and four months since the judgement was delivered. Am I to continue to live in misery?”
It was learnt that Narman had been dismissed from the police and is currently standing trial before a Yaba Chief Magistrate’s Court, Lagos, for attempted murder.
According to the prosecutor in the case, Mr. Chinalu Uwadione, Narman attempted to kill Awoyera by shooting him with a gun at about 9.20pm on the day of the incident.
Uwadione said the offence contravened and was punishable under Section 320 of the Criminal Code Laws of Lagos State, 2003.
But Narman pleaded not guilty to the charge.
Further findings by our correspondent showed that the Chief Magistrate, Mrs. Oluyemisi Adelaja, granted the suspect bail in the sum of N100,000 with two sureties.
But the trial, which is now being handled by another magistrate, Mrs. Demi Ajayi, has been adjourned till June 20.
When contacted, the Force Public Relations Officer, Mr. Olusola Amore, said it was not the duty of the force to look for the victim.
Amore, a Deputy Commissioner of Police, said, “Let me say first of all that I am not aware of the case. But then, even if the judgement is true, it is not the duty of the police force to look for him (Awoyera).
“His lawyer has helped him to the stage of winning the case, let him further help him along with the processes that would lead to the damages being paid by the force.”
However, Falana said all the necessary steps had been taken to ensure the payment of the damages but the police were just foot dragging.
He said, “I can count up to 30 of such cases of outstanding damages against the police, which we have won. They always say they would pay but they never do. I just hope that when a new government is formed we would be able to take it up with the National Human Rights Commission.
“It is a general problem. The situation of things when it involves payment of damages by the police is that the force never pays.”
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