Tope Akinyode, a human rights lawyer, has sued the Nigerian Army to court on behalf of one Emmanuel Madubuezi, a polytechnic student in Port Harcourt, Rivers State, who was shot by personnel of the Nigerian Army.
Akinyode, who recently won a N3m damages on behalf of Anthony Okolie, the man who was illegally detained by the State Security Service (SSS), for buying a recycled sim card formerly used by President Buhari’s daughter, on Tuesday announced on his twitter page that said he would approach the court to seek justice for Emmanuel
“We’ll drag the Nigerian Army @HQNigerianArmy to Court for Shooting a Student. On 14th September 2017, a Nigerian student, Emmanuel Madubuezi, @emmanueligwekin was shot by the Nigerian Army on his way to school, Akinyode said.
Akinyode said he was suing the Nigerian Army for failing to take care of Emmanuel’s medical bills and compensating him.
“The Nigerian Army @HQNigerianArmy did not foot Emmanuel’s medical treatment, didn’t offer him compensation and never sought to assist him in any way despite the excruciating agony and eternal damage they have done on the man.
“We’ll ask the court to compel the Nigerian Army to pay N1 Billion Naira compensation. The law suit will be filed this week”, Akinloye said.
In a letter dated January 2, 2020, signed by Brigadier EA Aladeniyi, on behalf of the Chief of Army Staff, the Nigerian Army acknowledged the incident that led to Emmanuel’s amputation.
However, it said, it could not cannot be remotely liable for the unprofessional action of the soldiers, since they acted outside their area of primary assignment.
The letter reads in part:
“I am directed to acknowledge the receipt of your letter of complaint dated 19 July 2019 on behalf of Emmanuel Madubuezi on the above subject matter.
“Investigation into the case revealed that Corporal Augustine Jacob and 11 soldiers were deployed to Stalling Oil Company to provide protection for the property and premises….
“It is imperative to point out that the soldiers conduct was highly unprofessional but they were acting on a frolic of their own.
“Additionally, the Nigerian Army cannot be vicariously liable for the actions of its personnel when they act on a frolic of their own. Most importantly, the offence is one that is criminal in nature as it involves the soldier and the state for which he has been accordingly charged.”