JOS COURT DISMISSES CASE AGAINST SECURITY AGENTS

A Jos Federal High Court on yesterday dismissed a case of negligence brought against security agencies by some victims of 2011 attack at Rukuba road, Jos.

One Mohammed Abdullahi and 10 others had filed a suit on behalf of 27 others before Justice Ambrose Allagoa claiming that they were attacked by some miscreants on Sallah day, on August 29, 2011 at praying ground where scores of them were killed.

The plaintiffs through their counsel, Mr. Hassan Liman (SAN) claimed that during the attack they sustained injuries while some lost their lives and property worth millions of naira.

“My Lord, the loss and injuries suffered were as a result of the failure of the security agencies to perform their constitutional duties of protecting the lives and property of citizens of this country. Contrary to section 14 (2)(b) of 1999 constitution as amended, the security agencies; the Special Task Force (STF), Police, Army, the Directorate of the State Security Service (SSS), Navy, Air Force among others did not protect them. For failure to protect my clients and others on that day amounts to negligence of duty, and should be compelled to take responsibility,” he said.

Liman prayed the court to compel the federal government and its agencies to pay his clients N100 million as general damages and N280, 000 being expenses incurred on treatment of injuries sustained during the attack.

But the Counsel to the security agencies and the Attorney General of the Federation, Mr. Ali Zachariah, objected to the claims saying that the court lacks the jurisdiction to entertain the case.

According to him, “My Lord, by virtue of section 251 of 1999 Constitution, the court lacks the jurisdiction to entertain this suit on the tort of negligence. The issue of general welfare and security of the citizens of Nigeria has not been legislated upon by the National Assembly for the plaintiff to accuse my clients of negligence.”

Zachariah prayed the court to dismiss the entire case for lack of merit.

Allagoa, in his ruling, struck out the case for lack of merits. “This case didn’t fall within the purview of section 251 (1) of 1999 Constitution in view of the proviso therein. Therefore, this court lacks the jurisdiction to entertain this matter. Since the case was not brought in a way of writ of summons, it is hereby struck out.”

He further said that by virtue of that ruling, three similar cases before him had collapsed and therefore dismissed.

Shortly after the ruling, Zachariah told journalists that he was satisfied with the ruling and described it as “well thought out ruling.”

But Liman, who spoke through Mr. Aliyu Sange, said “we are heading to the court of appeal to challenge this ruling, which is a miscarriage of justice.”

SCAN NEWS