The Applicants stated that shortly after the departure of the soldiers, a Mobile Police Unit
arrived on the scene and took the wounded man (deceased) to the Jos University
Teaching Hospital. That the deceased died en route to the hospital due to heavy bleeding
sustained from gunshot wounds. That he was certified dead at the hospital and the cause
of death was from a primary cause of penetration and a secondary cause of gunshot.
That a report was first made to the Nasarawa Gwom Divisional Police Headquarters and
was later transferred to State Criminal Investigation Department (C.I.D.) where
statements were taken from witnesses.
The Applicants aver that the deceased before his death had warned a certain Corporal
Aminu to desist from harassing his daughter, one Martha, but the latter failed to heed his
warning.
The Applicants further aver that the death of the deceased has left the family vulnerable
to severe mental torture and financial hardship as the deceased who was the breadwinner
had been killed.
The Applicants aver that series of complaints have been made by the Applicants to
relevant agencies (copies were annexed) but the complaints have not been addressed.
That the police have refused to prosecute the unlawful killing of the deceased whose wife
died not long after having being knocked down by a vehicle.
The Applicants therefore claim the following reliefs:
1. A declaration that the unlawful and unjustifiable killing of Mr. Abutu Adamu, the
father of the Applicants, by officers of the Nigerian Army, amounts to a violation of
fundamental right to life of Mr. Abutu Adamu, the deceased, as contained in
Articles 4, 5 of the ACHPR; Articles 3, 8 of the UDHR; and Section 33 of the
Constitution of the Federal Republic of Nigeria (as altered).
2. A declaration that the failure of the Respondent to investigate, prosecute and
compensate the unlawful and unjustifiable killing of Mr. Abutu Adamu by officers
of the Nigerian Army, is a violation of fundamental human right to life of Mr. Abutu
Adamu, the deceased, as contained in Articles 4, 5 of the ACHPR; Articles 3, 8 of
the UHDR; and Section 33 of the Constitution of the Federal Republic of Nigeria
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