Sam Philip
The Court of Appeal sitting in Akure on Tuesday struck out the appeal filed by Ondo State Government against the judgment of the Ondo State High Court delivered on March 29, 2023, awarding the sum of N30million in favour of Mr. Oluwasegun Oluwarotimi, 36 year-old man shot in the leg by the Ondo State Security Network Agency, code-named Amotekun Corps, has been struck out by the appellate court sitting in Akure on Tuesday.
The State High Court, presided over by Justice Omolara Adejumo, had ruled in the case filed by Mr. Oluwasegun Oluwarotimi, a 36 year-old Okada rider, who was shot in the leg by the security agency on August 9, 2021, awarding N30 million as damages against the Ondo State Government and the Amotekun Corps.
In awarding this sum in favour of Oluwaseun Oluwarotimi, the lower court condemned in strong terms the illegal shooting of the applicant in the leg that led to the amputation of his leg, and using crutches.
Following the delivery of the judgment, the counsel to the applicant, Tope Temokun Esq, wrote a letter to the governor of Ondo State, notifying him of the judgment and appealing for compliance with the said judgment.
The letter was received in the office of the governor of Ondo State on March 30, 2023.
In a separate letter dated March 30, 2023, Temokun wrote to the Attorney-General of Ondo State, appealing to him to advise the Government of Ondo State, to comply with the Court’s judgment.
The letter, which was delivered on March 31, 2023, stated that it’s against public policy to use state resources to prosecute an appeal against a vulnerable citizen who is now an amputee, after the government agency shot him in the leg.
The counsel to the applicant said while the government did not reply to these letters, by the Notice of Appeal dated April 3, 2023, the Ondo State government filed an Appeal in No. CA/AK/84/2023, against the judgment.
Meanwhile, the counsel to Mr Oluwasegun Oluwarotimi had earlier challenged the competency of this appeal by filing notice of preliminary objection against the appeal and which came up Tuesday, before the Court of Appeal Akure.
After listening to Mr Adedotun Adegoroye, who appeared with Ayo Akinnawonu, both counsels representing Tope Temokun Chambers, for the Respondent and Mr Oluwasegun Akeredolu, representing the Ondo State government, the appellant, the Court agreed that the notice of appeal filed by the Ondo State government was incompetent and struck out the appeal.
The court, therefore, awarded the sum of N250,000 against the Ondo State government as cost.