Wednesday, 19 June 2013
Extra-Judicial Killing By Op-MESSA Soldier: Court Awards N300 Million To Victim's Widow
Friday and Adeiza Orjieh with their daughter
By SaharaReporters, New York
A Federal High Court in Lagos has awarded N300 million to the widow of Friday Orjieh, an operator of a bureau de change business killed in 2009 by an Operation MESSA soldier. Operation MESSA is an armed crime-fighting unit established by the Nigerian army to help rid Lagos State of crime.
Mr. Orjieh was shot to death by one Private Aminu Audu, a soldier with the unit, after a female customer alleged that an operator with the money-changing bureau had cheated her in a transaction.
Ruling on the matter today, Justice Idris Muhammed Kutigi granted the plaintiff, Adiza Orjieh’s prayers to declare the act of the culprit soldier a gross
violation of the victim’s fundamental right to life and dignity of the human person. The judge consequently awarded N300 million to the plaintiff as general and exemplary damages for the breach of the victim’s fundamental right to life.
The Lagos State Government and its attorney general, who were joined in the suit, filed a motion to “arrest the judgment.” In his ruling, Justice Idris Kutigi said that “justice could not be arrested.” However, he struck out the Attorney-General of the Federation, the Lagos State Government, and the Attorney-General of Lagos State from the list of joined defendants.
The judgment was awarded against the Nigerian Army, which had shielded the killer-soldier, the Chief of Army Staff, Elizabeth Olubunmi, the customer who used the soldier to kill the victim, and Private Aminu Audu, the soldier who carried out the arbitrary killing.
On November 27, 2009, Ms. Olubunmi visited the office of Mr. Orjieh with Private Audu, a soldier with the Op-MESSA squad. She complained that she was short-changed in a transaction to change currency but could not identify the operator she allegedly had the transaction with. Even so, she insisted that Mr. Orjieh, who was in the bureau office, pay what she claimed as the shortfall in the cash she had received initially. Private Aminu was determined to forcibly execute the customer’s wish.
When Mr. Orjieh explained that it was unreasonable for the woman to expect payment when she had failed to identify the operator who allegedly cheated her, the soldier became enraged, pulled a gun, and shot the victim. The gunshot shattered Mr. Orjieh’s skull and he died instantly.
The plaintiff’s lawyer, Dele Igbinedion, expressed his delight at today’s judgment, describing it as a good precedence for the Nigerian judiciary.
Comments
12 comment(s)
Post a comment
Justice delivered
Submitted by Anonymous (not verified) on February 21, 2013 - 08:15.
N300m won't replace the man's life but at least the wife will have enough to raise her children. This is fair adjudication not the type handed down on Odi case
It is as bizarre as u look at
Submitted by Anonymous (not verified) on February 21, 2013 - 07:15.
It is as bizarre as u look at it from ur little angle. The life taken can not be restored. It is de responsibility of de state to try him criminally. Even u can apply for it to be done or u do it urself if u so think dat de Govt is not working. Applaud what is good and stop being a sit-down-critique. Appeal by who if I may ask and for what?
What about de soldier wey
Submitted by Anonymous (not verified) on February 21, 2013 - 05:00.
What about de soldier wey kill innocent civillian?
When will he face de law to account for his misdeeds?
Sorry to disappoint those applauding the Judgement!
Submitted by OC (not verified) on February 21, 2013 - 03:55.
The case begs many questions. Is N300 million the worth of a life? Why was this matter tried as a civil case, instead of a criminal case? Why was the armed soldier not court marshalled, dismissed from the Army and arraigned for murder?
And was he acting for Op-MESSA at the material time? If the Army is vicariously culpable, so should the Lagos State Government that set up the task force, and on whose behalf it functioned. If this is the case, why did the Judge exclude or strike out the Lagos State AG from the case?
And what is Olubunmi's offence? For reporting that she was duped or cheated? Did she intend for anybody to be killed?
This is a bizarre case and should be appealed!
Fair justice atleast
Submitted by Blossom (not verified) on February 20, 2013 - 22:28.
At least it is a fair judgement, though the victims life is gone. However our judicial system in this country should be reviwed and sentences passed upon the commition of d crime. Mrs. orijeh utilize the money and better your children's future. Do not pay tributes to relatives.
Good way to fight tyranny
Submitted by Anonymous (not verified) on February 20, 2013 - 21:53.
Thank God our people are beginning to find the right ways to fight tyranny in our society. Use the judicial process and the bastards will sit up and begin to enforce discipline among their trigger happy weed smoking killers!
Will the Army pay?Will govt not bend the rule?
Submitted by Anonymous (not verified) on February 20, 2013 - 21:34.
A good judgement in the right direction.Will they pay? Will they respect court order? Nigeria is country where the political class does not respect the rule of law.Let us hope the government will not bend the law to prevent payment as it was done for ex convict Felix Oboro who was given Federal appointment despite his been an ex convict not yet given State pardon.Nigerians are watching.
I commend the presiding judge.
Submitted by Tafidan DDAJI (not verified) on February 20, 2013 - 20:01.
I dove my hat in commendation of the judgment passed by Kutigi.It's really a wild precedence.Thank you Kutigi!
the judge shld have done more!
Submitted by gawu (not verified) on February 20, 2013 - 19:45.
This judgement is too light. It would have been proper if the killer soldier was, in additiona to the N300m fine, sentence to dead. The N300m fine cannot bring back the dead. So, the killer should also be killed to serve as deterrence those fancy-gun-killer supposed security personnels we have in the country. Though I salute the judge, he would have done more.
Sound Judgment.
Submitted by Omonbendel (not verified) on February 20, 2013 - 19:44.
Please use the money well to better d life of ur Children. . . I wish you and the children all the best
Justice at Last.
Submitted by Alli Pedro (not verified) on February 20, 2013 - 19:26.
Great conclusion to this unfortunate story. At last our judiciary are waking up to their role of protecting us the citizens from those who think they are above the law. Aluta!
