Recently, one morning, I woke to read a message from one of my legal colleagues about his frustrations in seeking justice for the family of a man wrongfully killed by the police. The victim, Kayode (not real name), was wrongfully shot by police officers while he was eating with his friends in his car. Kayode’s family received a favourable judgment in 2018 but the police have refused to pay the compensation awarded by court.
Even as I was thinking about our legal strategy for Kayode’s family, I saw another news story about the “Apo Six”, six young boys who were killed 15 years ago by the police and whose families were due to have been paid compensation in 2017. However, a recent investigation alleged that the court-awarded compensation is still unpaid.
The families of the Kayode and the Apo Six are among the many who have not received court-ordered compensation from the government. Comprehensive data on the amount of unpaid compensation is not known. But I reviewed just 29 judgments across seven states in Nigeria and discovered that the police owed complainants N1,044bn of unpaid compensation. This sum is a small fraction of the total compensation owed by police to Nigerians.
In October 2020, when the #EndSARS protest erupted across Nigeria, many young people came to the streets to protest against human rights violations by the police. These protests were not only about police brutality, but also the lack of accountability by the police, including their refusal to pay court-mandated compensation.
One single provision stands between Nigerians and justice on this issue. The notorious Section 84 of the Sheriffs and Civil Process Act requires the Attorney General, who is a political appointee, to consent to any court judgment where compensation has been awarded, before such can be paid. An amendment striking out the section is currently before the House of Representatives. It must pass if Nigerians are to get justice.
According to a 2019 survey by Gavel, a civil rights organisation that I lead, Measuring Justice through Luanda Guidelines, on police brutality in Oyo State, South-West Nigeria, one out of five persons have been brutalised during, before and after police arrest. The courts are meant to provide succour for aggrieved persons, but when court compensation orders are handicapped by the powers of the Attorney General, citizens no longer have a sense of justice.
When a lawyer attempts to garnish the police by virtue of Section 84 of the Sheriffs and Civil Process Act, the Attorney General of the Federation’s consent is needed before any government’s account can be garnished. Since the Attorney General works for the government, he often withholds consent to this process, leaving the families of victims like Kayode and the Apo Six without recourse.
Many Nigerians, including those that joined the #EndSARS protests, feel helpless against the system. This has been evident from the testimonies given at many of the judicial panels of inquiries established as a result of the protests. Being able to enforce court judgements against the police without the assent of the Attorney General is a necessary part of re-establishing trust in the Nigerian public. It is high time the country’s National Assembly struck Section 84 from the law.
Some will further argue that Section 84 of the Sheriff and Civil Process Act protects the government from frivolous claims and gives the government room to appeal against unfavourable court decisions. However, in my experience, no court awards compensation against the government without sufficient evidence. It also negates the spirit of separation of powers if a judicial decision needs to be reviewed by an executive member, such as the Attorney General, before it can be obeyed. Technically, as the law exists right now, it means the executive stands on appeal over a decision the court has already made.
Some relief has already been found through the state panels of inquiries founded in the aftermath of the #EndSARS protest. The panels have sat for almost six months and have issued compensations to petitioners who have verifiable claims against the police. However, the tremendous impact of the panel is not sustainable because, as ad hoc panels, they are only empowered to last six months. While their terms will lapse, the issue of police brutality has not abated. The courts that have the constitutional role to adjudicate on matters must be empowered to issue compensation and their judgments must be obeyed. The Amendment Bill for the Sheriffs and Civil Process Act before the House of Representatives must be passed as a matter of urgency.
Nelson Olanipekun is a human rights lawyer and advocate who uses technology and law to accelerate the pace of justice delivery. He is a 2021 Aspen Institute New Voices Fellow.
END
Be the first to comment