A Federal High Court sitting in Abuja on Thursday exonerated the Department of State Services (DSS) over the alleged detention and killing of an Islamic State -West Africa Province (ISWAP) terror suspect, Yusuf Lukman Omeiza.
The DSS was dragged to the court alongside the Attorney General of the Federation (AGF) by Alhaji Jimoh Yusuf and Mrs Fati Mohammed over the alleged arrest, detention and killing of Mr Omeiza, who was identified as the leader of ISWAP in Kogi state.
Mr Omeiza (aka Magas), was arrested by the DSS on 1 October 2015 in Okene, Kogi state over alleged terrorism- related offenses that include bank attacks and robberies in the area.
The plaintiffs filed the case on 18 February 2021 in a Suit NO: FHC/ABJ/CS/193/2021, seeking three reliefs through their lawyer, Ejumejowo Anthony Asuotu, thus: A declaration that the arrest, detention and killing of their son and brother, Yusuf Lukman Omeiza without a trial by a competent court of law is unlawful and a breach of his fundamental right to life.
Two: A declaration of this honorable court that the unlawful arrest detention and killing of Yusuf Lukman Omeiza by the 1st Defendant has occasioned a traumatic emotional pain to tr plaintiffs and their family.
Three: An order of this honorable court directing the 1st and 2nd Defendants jointly and severally to pay the plaintiff the sum N10,000,000,000.00 (Ten Billion Naira) only as damag suffered by the Plaintiff and their family occasioned unlawful killing of the Yusuf Lukman Omeiza.
The DSS counsel, Messrs Compass Chambers, whose principal partner Abdullahi Mukhtar Muhammad, argued that the Plaintiffs’ case, particularly the crucial allegation of Mr Omeiza’s “killing,” appears to be largely predicated on hearsay evidence, which is inadmissible in law according to Section 38 of the Evidence Act 2011.
The defense counsel said the Plaintiff (PW1), as the sole witness for the Plaintiffs, testified about the alleged “killing” of Mr Omeiza. However, under cross-examination, she admitted that this allegation was based on “assumption.”
This “assumption,” the defendant counsel said, “is clearly not based on direct observation or personal knowledge of the event of killings but rather on information or belief derived from others, or from a lack of information regarding his whereabouts.
“Any testimony by PW1 suggesting that Yusuf Lukman Omeiza was “killed” by the 1st Defendant, without her having been an eyewitness to such an event or having concrete, verifiable evidence of it, amounts to hearsay,” the Compass Chambers said.
The DSS counsel said the “Plaintiffs have not presented any direct evidence from anyone who witnessed the alleged killing or who has direct knowledge of it. They have not produced any official document, or any documents at all, that confirms Yusuf Lukman Omeiza’s death.
The absence of a death certificate, a police report confirming death, or testimony from any medical professional or coroner, further underscores the hearsay nature of their claim.”
The defendant counsel further argued that since the plaintiff have failed to prove their allegation of killing against the DSS, they are therefore not entitled to any damages.
The counsel to the DSS also tendered documentary evidence showing that the DSS had transferred the suspect to a sister agency facility after his arrest.
This submission was also corroborated by another documentary evidence tendered during the trial by the Nigerian Human Rights Commission (NHRC).
Delivering judgment on Thursday, Justice A.M. Liman, ruled that the plaintiffs couldn’t prove their claim that the suspect was killed by the defendants.
The presiding judge therefore refused to award damages sought by the plaintiffs.
The court, instead, awarded N300,000 damage in favour of the defendants.
Mr Omeiza was arrested over his alleged involvement in terrorism-related activities that include the robbery attack at First Bank Plc Okene, during which two policemen were killed; the robbery at NEPA (PHCN) office, Okene, where N450,000 was carted away; and another robbery at Ogaminana, Adavi LGA, where N24.7 million being salary of Adavi LGA staff, was carted away.
Court documents revealed that after the robbery, the stolen N24.7 million was allegedly taken to Mr Omeiza residence at No. 17, Inozomi Okene, where it was shared.
