A Federal High Court in Bauchi presided over by Hon.Justice Muhammed Dhitu Abubakar, on Friday ordered Department of State Services (DSS) to pay Mallam Musa Ibrahim Umar of Iyamadu Street, Bukuru in Jos South local government area,Plateau state,N10 million.
The N10 million is for damages following illegal invasion of Umarโs residence and shooting him on his lap on March 2, 2016.
Telescope reliably learnt DSS operatives stormed Umarโs house on 2nd March 2016 in search of a suspected Boko Haram member Umar Khalid Muhammed but wrongly broke into the plaintiffโs residence at mid-night and demanding if the victim was the suspect they were looking for.
According to Umar, he properly introduced himself but the security operatives were not satisfied and shot him on his lap when he insisted he was not the suspect.The shooting has turning him into a cripple,after several medical treatment.
It was also gathered that the DSS men later nabbed the real suspect at the area after shooting the wrong person, Umar and leaving him in his pool of blood.
Is his an application to the court for the enforcement of his fundamental right under the FREP Rules, the plaintiff had prayed the court to declare the DSS action was illegal and unconstitutional as it violated his right to life and dignity as human being
Umar cited several legal authorities including Section 33 and 34 of the 1999 Constitution of the Federal Republic of Nigeria, as amended to buttress his claim.
Justice Abubakar, granted the prayers and awarded the N10 million as contained in reliefs south against the respondents
The court denied some of the applicantโs prayers,among which were a publication of a public apology in two national dailies.
Counsel to the complainant Akibu Idris esq,thanked the court delivering justice appropriately.He added โthe judgement was a well deserved victory as it re-enforces the confidence of Nigerians in the judiciary as the last hope of the common man,when wrongedโ.
Lead counsel to the dependent Barr.B. A Joshua,who was represented by a counsel in his Chambers Imam Esq. during the judgement,however declined comments on the judgement .
