The family of 23-year-old Yusuf Shuaibu, who was allegedly killed by a personnel of the Nigerian Air Force, Sergeant Aminu Ibrahim, has filed a fundamental human rights case against the accused.
The deceased, who was employed as a cleaner at the 465 Nigerian Air Force Hospital, Kano, died on May 1 after alleged severe physical assault and torture by Mr Ibrahim at the hospital premises.
In an originating motion filed on behalf of the family by their lawyers, A.A. Hikima and Co., the family demanded N500 million in compensation.
The suit, which was filed at the National Industrial Court, Kano division, with number: NICN, KN/36/2024, has Messers Ibrahim and the NAF as the first and third defendants.
Mr Hikima said the motion was brought pursuant to sections 33, 34, and 35 of the 1999 Constitution of the Federal Republic of Nigeria [as amended], Order 2 Rules 1, 2, 3, 4, and 5 of the Fundamental Human Rights [ enforcement procedure] Rules 2009, and the inherent jurisdiction of this honourable court.
The plaintiff prayed the court to make, “a declaration that the severe physical assault, battery, and torture of the deceased Yusuf Shu’aibu by the 1st Respondent in the course of deceased’s employment on the 1st May, 2024 at 465 NAF Hospital Kano, by severally punching, headbutting, and matching of the deceased to unconsciousness, an action which has been medically established to have caused traumatic blunt head injury, cerebral oedemic, and diffuse axonal injury thereby leading to the deceased’s untimely death, constitute a violation of the deceased’s fundamental right to life as guaranteed under Section 33 of the Constitution of the Federal Republic of Nigeria, 1999 [as amended].
“A declaration that the severe assault, battery, and torture in the form of severally punching, slapping, headbutting, and matching of the deceased by the Ist Respondent on 1st may, 2024, on the course of the deceased’s employment at 465 NAF Hospital Kano, thereby causing bruises, lacerations on the upper lips and dentition of the deceased constitute a violation of the deceased’s fundamental right to dignity of human person under Section 34 of the Constitution of the Federal Republic of Nigeria, 1999 [as amended].
“A declaration that the Respondents’ act of forcefully subjecting the deceased to compulsory duty/work at the 465 NAF Hospital Kano after the deceased’s working hours amounted to forced labour outlawed by 34 of the Constitution of the Federal Republic of Nigeria, 1999 [as amended].
“A declaration that the Respondents’ act of preventing the deceased from leaving and exiting premises of the 465 NAF Hospital Kano after the deceased’s working hours amounted to a flagrant violation of the deceased’s right to freedom of movement protected by sections 35 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 [as amended] 5.
“An order of this Honourable Court awarding the Applicant with the sum of the N500,000,000.00 [five hundred million naira only] payable by the Respondent jointly and severally as compensation and damages for the violation of the deceased’s rights as enshrined in sections 33, 34 and 40 of the Constitution of the Federal Republic of Nigeria, 199 [as amended].
“An order directing the Respondents jointly and severally to pay the sum of N50 million as exemplary damages to deter similar acts of violence and abuse of power in the future by the Respondents.
“An order directing the Nigerian Air Force [NAF] to subject the 1st Respondent to disciplinary action in strict accordance with the laws and regulation governing the 1st Respondent’s instant action.
“An order directing the Respondents to issue a public apology to the deceased’s family.
“AN order as to the cost of this action.
“Any further as this Honourable Court may deem fit to grant in the interest of justice.”
