All entreaties by the relatives of 2 suspected kidnappers nabbed at Kabillo village in Fufore Local Government Area Adamawa State for the enforcement of fundamental human right have lost out as the suspects were reported to had lost their lives during a gun duel with the police and their kingpin.
The relatives in suit numberADSY/33m/2019 filed before Honourable Justice Abdul-Azez Waziri, led High Court against the Inspector General of Police and Commissioner of Police in the state, sought for an order of enforcement of fundamental human right.
Earlier, the defendants had told the Court that the suspects, Jalo Bello and Buba Abdulkarim, after their arrest offered to lead the crack team to the den of other kidnappers.
According to the defendants, the suspects and the police were engaged in a fierce gun battle upon reaching the hideout with a number of their kingpin, leading to the killing of Jallo Bello and Buba Abdulkarim.
The defendants explained that the suspects wanted to use the opportunity to escape, but unfortunately they were caught by the incoming bullets of their kingpin as they were not properly and professionally trained on operating standards in a shoot out scenario.
But the relatives of the suspects in their effort to seek for the enforcement of the fundamental human right prayed for a declaration by the court that the arrest of the 2 applicants on the 10th March, 2019, at Kabillo and continued detention by the defendants was illegal, null and void as it violates the fundamental right to dignity liberty as enshrined in section 34(1) and section 35(1) and (6) of the1999 constitution.
The relatives further asked for court order of perpetual injunction restraining the Inspector General of Police and his men from further arresting or detaining the applicants except in accordance with procedure permitted by law.
Equally, they sought for an order directing the IGP and his men to apologise to the suspected kidnappers and pay #20,000 each as damages as for unlawful detention of the suspects.
In its judgement, the court presided by Justice Abdul-Azez Waziri, held that the applicants' application in this circumstances is belated and that the court is not in position to grant the reliefs sought.
Justice Abdul-Azez declared that the constitutional right ends the moment its owner is killed or murdered because he is no longer alive to enforce the right.
He said that the relatives or friends of those whose right to life were illegally terminated could not maintain an action under the fundamental procedure rule but under the common law.
According to him, fairly and legally, the applicants' application is liable to be dismissed with no cost awarded, adding that the relatives of the deceased are at liberty to seek redress at common law.
No comments:
Post a Comment