Thread by @ZinaSpeaks

MY SADDEST DAY IN COURT & THE RISING WAVE OF EXTRA-JUDICIAL KILLINGS
It was a ruling on an Application for Enforcement of Fundamental Rights.The defence of @PoliceNG was that the victim was an armedrobber & that he died from exchange of gunfire btw his gang &the police. #EndSARS

The principal witness of Applicant was the friend of the deceased.His affidavit evidence was that on the fateful day, he was with the deceased in a bar drinking. A team of mobile police officers bursted into the bar and arrested him & the deceased. #EndSARS #EndPoliceBrutality

They were put in the open back of the police van.The deceased insisted that he will not be taken to any police station without being told his crime. An argument ensued and one of police officers threatened that he will kill the deceased & nothing will happen. #EndPolicebrutality

The deceased in a stern refusal to follow the police officers, jumped down from the van. At this point, the police officer who threaten to kill him, shot the deceased right in the chest.

#EndSARS #EndPolicebrutality

The autopsy showed the deceased died from the gun shot. Evidence also showed the deceased was shot from a very close range. However, the court ruled that were there are two contradictory affidavits, a court will give more weight to the affidavit supported by document.

The court held that since affidavit filed by police was supported by a police report, on a balance of probabilities, the case of the police was more probably true. Thus the Application for Enforcement of Fundamental Right was dismissed. The court room was dead silent.

You could feel the deep disappointment amid the "As The Court Pleases". I was really sad.

If it was indeed a case of gun duel between a gang of armed robbers, how come the deceased was shot at a very close range?

How come the friend of the deceased was never charged for armed robbery? Is it reasonable to attach heavy documentary weight to a Police report in a case where the Police is a party?

#EndPoliceBrutality

I bserved very quickly in the early days of my law career, the overindulgence of law enforcement agencies by the judiciary. This includes lawyers from the Ministry of Justice. One reason police bail is never free is the attitude of the judiciary to bail applications.

If you refuse to pay the police, they can just add something as cultism to the charge and off you go to prison because the judiciary places too much weight on charge sheet.

When a police officer says, "I will kill you and nothing will happen", he also means that "even if you go to court, nothing will happen". In my opinion, Nigeria needs a new judicial attitude if fundamental rights are to be effective

By Awajigbanam Paul