A Federal High Court sitting in Calabar, Cross River State, has ordered the Nigerian Army and Nigeria Security and Civil Defence Corps NSCDC, to pay N150 million, for killing one Mr. Efenji Ochikiri.
Ochikiri was allegedly tortured to death in Afrike I (Egurude) community in Bekwarra Local Government Area of the state on October 22, 2006, when a combined team of the Nigerian Army and NSCDC conducted a ‘cordon and search’ operation in the community.
Trial judge, Justice Adetokumbo Ademola, in his judgment, held that the security agencies were to pay the sum as compensation and damages for the unlawful infringement and destruction of property in the community.
The court also ordered the security agencies to immediately release the corpse of the deceased, which had been in the custody of Monaya Hospital in Ogoja ,to his family for decent burial in accordance with their customs and tradition.
Family of the deceased, including Mrs. Alice Ochikiri, Mr. Simon Egum, Mr. Igbaji Idoko, Mr. Ezekiel Egbung and Mr. Francis Ota, had in 2007, instituted the suit against the Minister of Defence, Chief of Army Staff, NSCDC, Federal Government and Attorney-General of the Federation.
The defendants had denied committing the act but admitted that they carried out an operation in the plaintiff’s community and recovered large quantity of arms and ammunition, allegedly stockpiled illegally in the community.
The court held that the plaintiffs had proved their claims against the defendants jointly and severally, and were entitled to the reliefs sought, which was granted.
The court said: “The continuous detention of the corpse of Mr. Ochikiri, tortured to death by the joint operation force of men and officers of Nigerian Army and NSCDC, is unconstitutional, illegal, inhuman, barbaric and a violent infringement of the plaintiff’s rights as enshrined in the 1999 Constitution and the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap, A9, Laws of the Federation of Nigeria, 2004.”