The Nigerian Police Force on Wednesday told the Independent Investigation Panel on Human Rights Violations by SARS and other Units of the Nigerian Force that the family of late CSP Akor Ude ismore entitled to N20 million compensation and not late Peter Ekwelor’s family.
A member of Police legal team Fidelis Ogwobe based his argument on the fact that there was evidence that the police officer was killed by Odekpe Community in Anambra state but the cause of death of Peter Ekwelor is yet to be fathomed.
It would be recalled that the Police had alleged before the panel that CSP Ude (deceased) was whisked away and butchered by some members of Odekpe Community when he led a Police team on a peace mission to the Community.
Cousel to the Police Ogwobe who made this claim on behalf of the family of the deceased Police Officer, noted that the family deserve a compensation of N20 million in view of the circumstances of the death of CSP Ude.
On the application of petitioner’s counsel, B.C. Egwuatu that the family of late Peter Ekwelor deserve N20 million compensation considering the circumstances of his death in Police custody, Ogwobe argued that since the cause of death of Ekwelor was not determined it will be presumptuous to conclude that he was killed extra-judicially by the Police.
According to him, members of late Ekwealor family and their counsel were not forthcoming in responding to Police invitation to be part of a proposed autopsy on the body of the deceased till date.
He said that the real victim is the slain CSP Akor Ude who is the breadwinner of his family and not Peter Ekwelor whose cause of death is yet to be ascertained since autopsy was not conducted on his body.
He therefore urged the panel presided over by Dr. Garba Tetengi (SAN) on behalf of the substantive Chairman, Justice Suleiman Galadima (rtd) to dismiss petitioner’s counsel’s appeal for a compensation of N20 million on the ground that they are not entitled to the same, having not proved their case of extra-judicial killing beyond all reasonable doubt as required by the evidence Act.
On the other hand, complainant counsel, B.C. Egwuatu disagreed with the position of the Police saying that late Peter Ekwealor was a victim of abuse of power and unlawful use of firearm which he said resulted in his death in Police custody. The victim’s family is therefore entitled to a compensation of N20 million, Egwuatu insisted.
According to him, late Ekwealor had 11 children who will now find it difficult to feed and continue their education in the absence of their father who was the bread winner of the family.
Similarly, the legal practitioner was seeking for a compensation of N20 million in favour Aboy Uduaga who was allegedly killed extra-judicially by a Police team which purportedly invaded Odekpe Community in Anambra state, following a communal clash between Odekpe Community and a neighbouring Community called Ana.
Apparently surprised by the claim and counter claim between the petitioner’s counsel and the Police counsel, Dr. Garba Tetengi (SAN) said that the panel did not know that the Police were coming up with a claim of compensation.
He stated that if the Police had filed a counter petition from the beginning, it would have been clear to the panel and the petitioner’s counsel that they will be seeking for compensation for their Officer who was allegedly killed by some members of Odekpe Community.
In his observation also, one of the Panel members, John Aikpkpo Martins recalled that the Panel was set up to investigate human rights violations by the Police against the citizens and not human rights violation suffered by the police.
However, he noted that now that the Police have pointed out the alleged killing of CSP Ude, the panel will look into it and decide on what to do about it in the interest of justice.
Before the observation by Aikpokpo Martins who represented the Nigerian Bar Association on the Panel, Police lawyer Ogwobe while trying to justify the claim of compensation stated that there is sufficient evidence against Odekpe Community to warrant the Panel to serve justice for the slain Police Officer.
He said that a compensation of this nature was of important since the absence of which may dampen the morale of serving Policemen who are mandated to protect the lives and properties of citizens.
It will be recalled that in 2021 some of the witnesses called by the petitioners had told the Panel that the hospital card with which the police deposited the body of late Peter Ekwealor in the Mortuary of Gwagwalada Specialist Hospital, Abuja carries the information that the victim died before he was brought to the hospital.
In view of the stated , lead counsel to the petitioners, R.O. Adakole had asked the panel to hold that the police witness, Inspector Ahmed Onoja of the IGP IRT, Force Headquarters is not a witness of truth for saying that the victim died in the hospital and for that reason the panel should jettison his testimonies.
He pointed out that as at 3rd of September 2020, when he wrote a letter to the former Commander of IRT, Abba Kyari over the condition of the victim, no information about his death was released to the deceased family despite the fact that the victim had died before the said letter was written.
The panel had directed the police to conduct autopsy on the body of late Ekwealor and release the same to the family for burial.
Panel’s directive followed an oral application by Adakole that the body of Ekwealor be released to the family for burial.
It will be recalled the Patrick Simon Akor had narrated how his elder brother, ASP Akor Ude was allegedly killed by three men from Odekpe community in Anambra when he led a police team to the community on a peace mission.
Brother of late CSP Ude, Simon Ude had testified that those who slained his brother are the complainants before the panel concerning death custody, arbitrary arrest and detention, unlawful use of firearm resulting in extra-judicial killing and abuse of office.
According to him, the witness, the complainants and killers of his brother are Chief Peter Ikechi, Peter Ekwealor (deceased) and Mr. Ekene Okona from Odekpe.
Respondents in the petition are CSP Danjuma Ocheje (Delta State Police Command), Personal of IGT IRT FHQ Abuja, Commissioner of Police FCT, Commissioner of Police Delta State, and Inspector General of Police.
After all parties adopted their final written addresses, the matter was adjourned for report of the panel.
