The Plaintiff attached photographs and medical reports both from Nigeria and
Valencia showing he sustained lacerating injuries on his body from the physical
assault inflicted on him. He also attached Photocopies of his Nigerian passport duly
stamped by the officers at the border indicating that he had passed through the
borders of the Defendant on the said date. He further attached a Police investigating
report signed by the Assistant-Commissioner of Police (INTERPOL) confirming
that from the preliminary enquiry conducted by the team, the Plaintiff was
“assaulted” by officers from the Beninois National Police.
In light of the above, the evidence adduced by the Plaintiff shows that the officers
of the Defendant inflicted physical on him notwithstanding the Defendant’s denial.
The Plaintiff has however not established his claim on torture.
In the witness testimony of DW 1 Mr. Yahoo Lafia Boni, Head of the special brigade
who was present on the day the incident occurred, admitted that the Plaintiff was
brought into his office by one of his Staff though he denied beating the Plaintiff. The
onus now lies on the Defendant to disprove that the injuries sustained by the Plaintiff
were not caused by the officers at the border. It appears that Mr. Boni could not have
known whether his offices inflicted any beating on the Plaintiff because he was not
at the scene.
In Sikiru Alade V. Fed Rep. of Nigeria Judgment No: ECW/CCJ/JUD/10/12
unreported, this Court holds fast to the notion that every material allegation of claim
must be justified by credible evidence and the defence should also sufficiently satisfy
12