By Henry Barnabas Ehi, ACIArb(UK), ANiPR.
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By virtue of section 372 of the ACJL 2021, pecuniary compensation is now available to both victims of crime and civil wrong. So, where, as in most cases, one same act constitutes both a civil wrong and an offence, compensation in both civil and criminal action can be pursued in pari-paso. The rationale for such compensation to victims of crime is very simple, and it is to either deter others from involving in a crime or correct persons from going into crime.
In the law of labour and agency, payment of compensation is the cross the party with a deeper pocket to carry. In this regard the Nigerian Police is vicariously liable to its men and as such must take responsibility for their action. Securing a conviction against the alleged murderer, Drambi Vandi, who killed an innocent lawyer is not enough, the court must use its discretionary power under section 372 (supra) to award compensation against the convict and the Nigerian Police must make compensatory fund available to the family of the victim. Such funds can be sourced from the pension contribution, severance entitlements and accrued salaries and allowances of the convicted personnel. Security forces should be made to pay compensation from any act or omissions by its personnel(s).
Consequently, I make bold to say the sum of Three Billion Naira should be paid to the family!! Money.i know, is not a replacement for life, but it will help the deceased to build a foundation or trust so they can remember the late Bolanle.
Going forward, an internal affairs or office of professional conduct/responsibility for paramilitary be established in every state of the federation to handle complaints, monitor, investigate & discipline law enforcement officers swiftly.
The internal affairs or office of professional conduct/responsibility should be made a sole and separate entity from the Nigerian Police Force and any paramilitary agency.
Its membership should be drawn from professional bodies like the Nigerian Bar Association and Nigerian Medical Association.
They should have the power of conducting unannounced psychological/mental tests, drug tests etc on any police officer (or paramilitary officer) irrespective of rank.
While we await this reform to be put in place, I want to believe in compensation for the family of our slain colleague, Bolanle. We go a long way in sending deterring signals to errant police officers. My request for 3 billion, is not a verbose conception so as to enrich our slain colleague’s family. She is and has been confirmed to be a thriving lawyer in the field of property law and killed heavy with twins, a pregnancy she waited long to be blessed with. What else could be a better compensation for this tragedy?
Henry Barnabas Ehi, ACIArb (UK)
Publicity Secretary, NBA Bwari Branch
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