Families Sue Nigerian Government, Army for N33 Billion Over Kaduna Airstrike Tragedy

In a tragic aftermath of the military airstrike on Tudun Biri village in Kaduna State on December 3, 2023, the families of 53 deceased victims have filed a lawsuit against the Nigerian government. Court documents reveal that the families are seeking N33 billion in compensation for the lives lost during the incident, where around 100 people were feared dead.

The legal action, a fundamental rights enforcement suit, was initiated at the Federal High Court in Kaduna by Dalhatu Salihu, a representative of the victims’ families. The defendants named in the suit include the Federal Government of Nigeria, the Attorney-General of the Federation, and the Chief of Army Staff.

The lawsuit, filed on December 8, emphasizes the infringement of the fundamental rights to life of the airstrike victims. Mukhtar Usman, the lawyer representing the plaintiff, grounds the suit on relevant sections of the Fundamental Rights Enforcement Procedure Rules 2009, the Nigerian constitution, and the African Charter on Human and People’s Rights.

The suit calls for a declaration that the military airstrike was “illegal, unlawful, and unconstitutional,” seeking a substantial compensation of N333 billion to be paid to the relations of the deceased victims as exemplary damages for the arbitrary killing. Additionally, the plaintiff requests a 10 percent interest rate per annum until the compensation is fully liquidated and demands a public apology from the government to be published in three national dailies in Nigeria.

An affidavit filed in support of the suit by Mr. Salihu provides a harrowing account of the incident. The affidavit details how the airstrike targeted residents celebrating an annual ritual of Maulud, the birth of Prophet Muhammad. The deceased, primarily women and children, had gathered for the occasion when a Nigerian Army aircraft dropped bombs indiscriminately, resulting in numerous casualties.

While the court papers have been served on all defendants except the Nigerian Army, the military has acknowledged its error in the bombing, attributing it to intelligence suggesting the movement of terrorists in the area. The lawsuit is yet to be assigned to a judge for a hearing.