Judgement enforcement: Setback in ending police brutality and human right abuses in Nigeria

By Segun Awosanya

On the 1st of February, 2021, the Federal High Court sitting in Oshogbo, Osun State awarded the sum of N5,000,000.00 (Five Million Naira Only) as aggravated and general damages against the Nigeria Police Force and the Inspector General of Police for the flagrant abuse of the rights of one Mrs Adetola Halima Abdulazeez in a fundamental rights enforcement suit instituted by the Abuja based legal practitioner, Pelumi Olajengbesi Esq.

The pronouncement of the Court in the judgment came at a time the nation has just been confronted with protest across the country wherein Nigerian youth trooped out en masse to protest against police brutality and other human rights abuses.

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The Judgment is therefore a victory to the nation in the fight against police brutality and abuse of powers as resonated in the words of the court.

However, what should be a thing of joy for the victim whose case appears to be a beacon of hope to many Nigerians has been targeted for frustration by the moribund process of enforcing this judgement as encapsulated in the extant laws on enforcement of monetary judgement against government agencies.

Notwithstanding the fact that pronouncements of this nature seek to compensate victims of human rights violations, the sad and avoidable reality is that successful litigants are overburdened with the onerous task of enforcing these pronouncements.

One would have thought that a system that provides the legal framework for enforcement of fundamental rights would guarantee that fundamental rights are not only protected and compensation awarded; but also ensure that the payment of the compensation so awarded without the need of imposing additional burden of seeking the consent of any administrative body.

It is against this background that the provisions of section 84 of the Sheriff and Civil Processes Act 1955, which made the consent of the Attorney General of the Federation or State as the case maybe a condition precedent…