More than two years after he was declared missing, the court has ordered the Nigeria Police Force to pay a sum of N20 million to the family of a Police Constable, Emmanuel Gene, of the Ogun State Police Command, Ijebu-Igbo Division.
Newspot recalls that Gene was alleged to have been kidnapped by hoodlums during an operation in Aba Tuntun in December 2020.
Gene, whose wife was pregnant at the time, was never found dead or alive, leaving the family with no option but to approach the court.
In a petition dated September 21, the Genes, through their counsel, Kehinde Bamiwola, called on the police authorities to intervene and find the missing cop, dead or alive.
They requested that the Ogun State Commissioner of Police, the then Area Commander of Ijebu-Ode, AC Abiodun Onuoha and the D.P.O., SP Kazeem Solatan, provide answers to the questions.
With no response from the NPF authorities, the family addressed the National Industrial Court sitting in Ibadan to seek redress.
The suit no. NICN/IB/74/2021, was between Jimoh Gene and Comfort Gene versus the Police Service Commission, the Inspector-General of Police and three others.
In the suit, the claimants told the court that the DPO of Ijebu-Igbo at the time of the incident, Kazeem Solatan, “Took the missing PC Emmanuel Gene for land-grabbing operation at Aba-Titun, Ijebu-Igbo,” accusing the police of negligence.
In their prayers, the claimants sought that their son be found by the police, with the sum of N20 million to be paid to the family of the missing policeman.
On Thursday, Justice Opeloye A. Ogunbowale, in his judgement, granted the reliefs sought by the plaintiffs, saying he “Found the police liable for negligence under the doctrine of Vicarious Liability and that the police exposed PC Emmanuel Gene to extreme danger.”
The court, therefore ordered the NPF to “Rescue and produce PC Emmanuel Gene dead or alive” and that “the sum of 20 Million Naira should be paid to the family with the cost of litigation, N300,000.00, within 30 days of the delivery of this judgement.”
Addressing newsmen in Abeokuta, the counsel, Bamiwola, described the verdict as a landmark judgement against the police.
“The case is about the disappearance of Police Constable (PC) Emmanuel Gene, who went missing during an operation at Ijebu-Igbo in 2020 alleged to be illegal.
“The court, in a judgement delivered by Honourable Justice Opeloye A.Ogunbowale, found the police liable for negligence under the doctrine of Vicarious Liability and that the police exposed PC Emmanuel Gene to extreme danger.
“The Police Constable Emmanuel Gene has not been found till date. It was alleged and proved that the DPO of Ijebu-Igbo, one SP Kazeem Solatan, took the missing cop for land-grabbing operations at Aba-Titun in Ijebu-Igbo and he has not been seen since then.
“The reliefs we sought on behalf of the Claimants were all granted. The police are to pay, rescue and produce Emmanuel, dead or alive.
“They are also ordered by the court to pay a sum of N20 million and N300,000 as costs of litigation, all to be paid within 30 days of the delivery of the judgement. This is justice for all,” Bamiwola said.
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