Against Customs, Court Awards N100m Damages over Farmer Killed by Stray Bullet

The Court of Appeal, Sokoto Division, has awarded N100 million as damages against Nigeria Customs Service (NCS) over the killing of a farmer, Abdulrahman Sani, by a stray bullet fired by Customs operatives on the trail of smugglers.

The late Sani was killed on his way to his farm, when the incident happened on November 10, 2020.

After several negotiations on the terms of compensation to the family of the deceased with NCS failed to yield desired result, the family approached the court.

The court then awarded N100 million against the NCS, directing the Customs service to pay the sum to the family of the deceased.

But the NCS decided to approach the Court of Appeal, Sokoto division for further adjudication.

The appellate court upheld the lower court’s verdict, which awarded N100 million damages.

The panel of appeal court justices, led by Justice Muhammad Maiwada on July 21, 2023 upheld the earlier ruling of the High Court.

The court said that the killing of Abdulrahman was unlawful and a violation of the deceased’s fundamental right to life guaranteed under Section 33 Subsection 1 of the 1999 Constitution of Nigeria.

It ordered the respondents to issue a public apology in a written form to the applicant for the violation of the deceased fundamental right to life.

The appellate court also ordered the respondents to pay the sum of N100 million as damages for the violation of the deceased’s fundamental right to life.

Reacting, the deceased’s father, Mallam Muhammad Sani, hailed the judgment, describing it as a welcome balm that will soothe the pain of losing a child.

He said: “I am happy as a father and the two wives and five children of the deceased are also happy with the judgment upholding the earlier ruling of the Federal High Court. We commend the Nigerian judicial system, the judges and lawyers who contributed immensely towards ensuring justice isserved, and protect the vulnerable and poor people like us.

“My son was on his way to farm, on November 10, along Bunza-Kamba Road in Fingilla village of Dandi Local Council, when he was unlawfully killed by personnel of the NCS on patrol.”