The Supreme Court has ordered Air Vice-marshal E. O Afolabi (rtd) to pay N6.4m as damages to Mrs. Foluke Mudasiru, widow of a former Military Governor of Lagos State, the late Air Commander Gbdahan Mudasiru.
In its lead ruling delivered by Justice Mary Ukaego- Peter-Odili, the apex court held that since Afolabi had filed a notice of withdrawal of his appeal, the appropriate order was to dismiss the appeal.
The decision was unanimously adopted by Justices Francis Tabai, Christopher Chukwuma-Eneh, Bode Rhodes-Vivour and Nwali Ngwuta respectively.
Afolabi had through his lawyer, Lanre Olaoluwa in a Notice of Withdrawal, sought the leave of court to withdraw his appeal against the judgment of the Court of Appeal delivered by Justice Clara Bata Ogunbiyi.
Mudasiru had in her statement of claim dated December 22, 1997 filed by her lawyer, Mr.? Nnemeka Amechina, stated that she was invited by one Major (Mrs.) Titilola Ogun (Rtd) to intercede in the matter of one Major Bamidele Unuigbe’s generating plant which was allegedly constituting a nuisance to the said Major Ogun.
She further averred that in spite of several entreaties to the said Major Unuigbe to relocate his generating set, he decided to construct another fence behind the already existing wall separating his premises from that of the Oguns.
Besides, she alleged that she had stopped by at the said Major Ogun’s premises, on October 13, 1997, on her way to her farm and met bricklayers erecting the said fence.
She added that she was prompted to mount a fence to speak with the bricklayers and that while she was at this, Afolabi emerged from underneath a tree ordering her to leave the vicinity, she added that Afolabi assaulted her by pointing a gun at her forehead and shooting at her at a very close range.
She alleged further that the shot missed her by an act of God and as a result, she consequently suffered a great shock, fear and psychological trauma, which caused her to incur heavy medical bills.