Mohammed Shosanya
A National Industrial Court, has ordered the Nigeria Police Force to pay a sum of N20 million to the family of the officer.
It also ordered the payment of N300,000 as litigation cost, against the Police Service Commission, all payable within 30 days of judgement.
A police constable, Emmanuel Gene, of the Ogun State Police Command, Ijebu-Igbo division, was alleged 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, leaving the family with no option than to file a case against the police.
The family petitioned the Nigeria Police Force through their counsel, Kehinde Bamiwola,and implored the police authorities to find the missing cop.
In the petition dated September 21, 2021,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 should provide answers to the questions.
When there was no response from the NPF authorities,the family took their case to 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.
But on Thursday,Justice Opeloye Ogunbowale, in his judgment 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 ordered the NPF to “rescue and produce PC Emmanuel Gene dead or alive” and that “the sum of N20million should be paid to the family with cost of litigation, N300,000.00, within 30 days of the delivery of this judgment.”
Speaking to newsmen in Abeokuta, the counsel, Bamiwola, described the judgment as a landmark one judgment against the police.
He said:“The case is about the disappearance of Police Constable (PC) Emmanuel Gene who got missing during an operation at Ijebu-Igbo in 2020 alleged to be illegal.
“The court in a judgment delivered by Honourable Justice Opeloye A. Ogunbowale found the Police liable for negligence under the doctrine of vicarious liability and that 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 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 cost of litigation, all to be paid within 30 days of the delivery of the judgment. This is justice for all”
