The family of Onyebuchi Nnabuchi, who was allegedly killed by a trigger happy Policeman, Constable Egoli Ebiakpo in Bayelsa, has sued the Nigeria Police Force and Inspector General of Police over the extrajudicial killing of their son.
In an originating motion with Suit No: FHC/YEN/CS/53 2021, filed at the Federal High Court in Yenagoa, the family is seeking for the enforcement of the fundamental right to life of the deceased under Sections 33 (1) and 46 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Constable Ebiakpo who was attached to MOPOL 30 Bayelsa State Command posted to Fidelity Bank Ekeki, Yenagoa,
had opened fire on the driver of a Peace Mass transit bus after the driver of the bus had attempted to drive off after packing close to the bank premises.
According to an eyewitness, the driver wanted to alight at Fidelity Bank to drop a waybill for someone who lives behind the bank and when he stopped, the accused approached him and demanded that he leaves the premises of the bank.
“The driver informed the police officer that he would deliver a waybill package and depart immediately but he demanded that the driver gave up the keys to the said vehicle which he refused and he immediately ignited the vehicle to drive off.
“That at the attempt of driving off, the officer pulled out his riffle and fired directly at the driver and Onyebuchi Nnabuchi, at a very close range”.
The driver of the commercial bus died immediately at the hospital while Nnabuchi was admitted at the same Federal Medical Centre (FMC).
Nnabuchi was said to have suffered severe brain injury which resulted to various degree of surgeries but eventually died on April 20, 2020.
The deceased family is seeking for a declaration of the court that the shooting and killing of Nnabuchi is unlawful and contrary to Section 33 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended).
A declaration that the shooting and killing of Nnabuchi is an infringement of his Fundamental Right as enshrined in the 1999 Constitution and an order mandating the respondents jointly and severally to pay the applicant general and examplary damages of N500 million for the incident.
The family is also requesting the respondents to pay the sum of N12.2 million only as Special damages.