A Nigerian student identified as Emmanuel Madubuezi, has sued the Nigerian Army for N1bn for losing his leg after being shot by a soldier last three year.
Other defendants in the suit are the Chief of Army Staff, the Attorney General of the Federation, and a betting company, Bet9ja branch.
Madubuezi, through his lawyer, Temitope Akinyode, filed a suit before the Federal High Court, Port Harcourt, Rivers State on Tuesday.
The victim was hit on September 14, 2017, on this faithful day while seated in a tricycle(keke napep) on his way to the Port Harcourt Polytechnic, where he was studying at the time.
The bullet pierced through his left leg and hit an elderly woman seated next to him. The impact of the bullet made the elderly woman fall out of the tricycle that was moving leading to her death.
In the case, suit number: FHC/PH/FHR/118/2020, the applicant is asking the court to declare that the gunshot fired at him and the amputation of his leg contravene his fundamental human right to life, human dignity and freedom of movement.
In a supporting affidavit, the applicant said he had been confined to crutches since the incident happened.
Madubuezi said, “Since the amputation of my leg I have been condemned to walking on crutches. I stayed on the hospital for quite numbers of weeks and went through emotional and physical pains, but for the sound medical treatment that I received, the gunshots which the officers and agents of the respondents fired at me on September 14, 2017, could have led to my death just as the same bullets killed the woman who sat beside me in the tricycle.”
Earlier in the year, the Army had dismissed Madubuezi’s request to be paid N150m as havoc.
In the letter with reference number AHQ DCMA/G1/300/130 approved by Brig. Gen Emmanuel Aladeniyi, on behalf of the Chief of Army Staff, the army authorities said the soldier who shot Madubuezi had been reprimanded.
The Army, accordingly, stated that it could not be held liable for the action of an errant soldier.
Narrating what occurred, the army said a soldier, Corporal Augustine Jacob, and 11 soldiers were deployed to Stalling Oil Company to provide safety for a property.
It said one Mr. Amadi illegally acquired the services of Corporal Jacob and four other soldiers to settle a brawl at his Bet9ja shop at Big Tree Market in Port Harcourt.
The army said on arrival at the Bet9ja office, the corporal went upstairs while the others stayed downstairs and it was at this juncture that a bullet was released from one of the soldiers downstairs.
It said the investigation revealed that the action of the soldier who erroneously pulled the trigger arose in the shooting of Madubuezi.
The victim was subsequently taken to Life Fort Hospital but could not be admitted due to limited bed space, but he could have been given first aid but Nigerian hospital don’t care and later he was taken to Braithwaite and Port Harcourt Teaching Hospital before his leg was amputated at Holy Trinity Hospital on September 25, 2017.aftr