After the operation, the men of 2nd and 3rd Defendants, knowing fully well that
some civilians had been injured in the operation, left the scene and abandoned the
Applicants unattended, hence left them to their fate with several gunshot wounds.
The Applicants were bleeding profusely with no provision of medical aid. Seven
of the victims were fatally wounded and bled to death owing to non-provision of
medical aid.
It took almost eight hours, after the raid of the uncompleted building at 8:00 am
or thereabout when the members of the Nigeria Police Force and the Nigeria
Security and Civil Defense Corps came to the scene of the incident and took the
Applicants and the dead bodies to Asokoro General Hospital.
There was no weapon found in the premises nor was any found on the Applicants
when the officers and men of the 2nd and 3rd Defendants entered the premises.
There was no search conducted in the premises or any digging of any part of the
premises prior to the shooting and afterwards there was no attempt up till the time
of initiating this proceedings to recover any weapon allegedly buried by dreaded
Boko Haram Terrorists nor were there any weapons recovered anywhere in
connection to the fact and the circumstances leading to this case.
The Applicants argue that they do not belong to any terrorist group. Even if they
do (which has been vehemently and uncontrovertibly denied), they could not and
should not have been left abandoned by the men of the 2nd and 3rd Defendant with
bullet wounds and without the provision of medical aid after the attempt to arrest
them. As a result of the attack, the 2nd to 12th Applicants suffered various degrees
of gunshot injuries as shown on pages 17,18,19,20,21,22,23,24,25,26 and 27 of
the folder containing Death Certificates and photographs of the Applicants.
Owing to the public outcry, the Senate of the Federal Republic of Nigeria set up
a Joint Committee comprising of the Senate Committee on National Security and
Intelligence and Senate Committee on Judiciary, Human Rights and Legal Matters
to investigate the actions of the 2nd and 3rd Defendants on the 20th September, 2013
at the uncompleted building at Aderemi Adesoji Crescent Apo Zone E.
The Joint Committee conducted an investigation on the matter and found out that
all the victims presenting this Application are not members of the Boko Haram
4