An Oyo State High Court in Ibadan has dismissed a N50 million assault suit filed by Mr Olusegun Otolorin against a former Customs officer, Audu Kawu, and his son, Deputy Superintendent of Police Ibrahim Kawu.
According to correspondents, Otolorin alleged that the defendants assaulted him with broken bottles during a land dispute that occurred on 26 March 2014 at Kilometre 247, Iwo Road, Ojoo area of Ibadan.
Through his counsel, Mrs Bolaji Babadiya, the claimant asked the court to declare the attack unlawful and a violation of his fundamental rights, requesting N50 million in general damages.
However, in his ruling, Justice Ganiyu Sunmonu dismissed the case on the grounds that the claimant had failed to prove his claims.
“The claimant failed to discharge the burden of proof to warrant the granting of his reliefs,” the judge said.
Justice Sunmonu noted inconsistencies in the claimant’s witnesses’ testimonies, stating they held no probative value and appeared based on hearsay.
He further observed that Otolorin did not present his wife as a witness, despite her being the one who allegedly warned him of the threat to his safety.
“The claimant has failed to prove that the defendants brutalised him on March 26, 2014. The lone issue formulated by the claimant fails in its entirety and the case is hereby dismissed,” Sunmonu ruled.
The claimant presented four witnesses, while the defence, represented by Senior Advocate of Nigeria Richard Ogunwole, called three witnesses.
After the judgment, Otolorin expressed dissatisfaction with the ruling and indicated plans to appeal.
(NAN)