Victory over lawlessness: Edo Dep Gov’s wife ordered to pay N12 million damages to Army officer

   

                                                                                                                                     

       Captan Stephen olorunduyilemi


On 25 July, a Federal High Court in Benin City, ordered Mrs Endurance Odubu, wife Edo State Deputy Governor, Dr Pius Odubu, to pay N12 million as damages to an army officer, Captain Stephen Olorunduyilemi, who was brutally assaulted by her security personnel early in 2010.
The ruling followed a suit No. FHC/B/CS/226/2010, filed by the officer’s counsel, Clement Dike, stating as follows:

• On 11 January 2010, Captain Stephen Olorunduyilemi of the 4th Brigade, Nigerian Army in Benin City, accompanied by his wife and children, was returning from a church service along Sapele Road, Benin City, when the lead vehicle of Mrs. Odubu’s motorcade sped past him.
• The army officer said he veered off to the left lane to allow the motorcade pass but, to his surprise, one of Mrs Odubu’s six vehicles blocked his Honda Civic car. In an instant, heavily armed men jumped out of a vehicle, and forcibly dragged him out from his car. One of them attempted shooting him right before his family, but later relented, after he had let off two shots into the air.
• Olorunduyilemi was wrestled to the ground, administered strokes from horse whips, then bundled to the deputy governor’s private residence in his blood-soaked clothes. On getting there, he was further assaulted while his plea that he was a serving army officer fell on deaf ears.
• The incident would have turned uglier, but for the intervention of the Commander, 4th Brigade of the Nigerian Army.

In the suit, the officer asked the court to declare that his fundamental human rights as a free citizen of Nigeria were violated. He demanded N502 million as damages. He also demanded an unreserved apology, which he wanted published in five national dailies and three electronic channels.
Delivering judgment on the suit, Justice Adamu Hobon explained that sirens were meant to be used by fire fighters responding to emergencies, and to clear the road for top government officials. He said the wife of a deputy governor was not a top government functionary but a private person, and that she was therefore not entitled to the use of siren and heavy security guard (emphasis ours).
Hobon added that the fact that Mrs Odubu did not arraign the officer before any court since the incident occurred in January 2010, meant he did not commit any offence known to Nigerian laws.
Describing the action of Mrs Odubu’s guards as “unlawful, unconstitutional and barbaric”, Justice Hobon awarded the Army officer N10 million for general damages arising from infringement on his fundamental human rights and his illegal detention. The judge also awarded him N2 million as special damages for his medical bills and for the damage that was done to his car. He ordered Mrs Odubu to tender an apology to the officer in three electronic media and two national dailies.
Reacting to the judgement, the officer’s counsel, Dike, said the damages awarded were not enough. He said: “The judgment is not bad, except in the area of awarding damages. We are not satisfied with it. We will take our reply up at the appeal”.
However, some other lawyers and civil rights observers have hailed the judgement as a victory for the rule of law, over executive lawlessness and illegality.