1. *The Deputy Director, Mr. Ekuevugbe Unity Adeda A confirmed officer on GL 16 enjoys security of tenure, right to fair hearing and dignity of person. He cannot be assaulted under any guise in his workplace. His death in active service, within Government premises, makes the Government vicariously liable and raises the issue of death-in-service benefits.
2. *The Female Director who invited the Commissioner in the same ministry:* Under the Public Service Rules [PSR], dispute resolution among officers is administrative. Inviting a political head to intervene in a dispute between two senior officers to use force is instigation. This is *PSR 030301 – Conduct Prejudicial to Public Service and PSR 030402 – Unbecoming Conduct of a Superior Officer.*
3. *The Hon. Commissioner, Dr. Kingsley Ashibuogwu:* A Commissioner is a Political Appointee, not a Civil Servant with disciplinary powers over GL 16 officers. He has *ZERO constitutional or PSR backing to slap, order beating, or physically discipline any office as alleged.* His powers are policy, not personnel discipline. And if he really ordered those boys, it is liable same as those boys.
4. *His “Boys”:* Personal aides, political thugs or unofficial security attached to a Commissioner have no legal standing in the Civil Service. Assaulting a public officer in a Ministry is pure criminality.[Deceased]
*WHAT SHOULD HAVE BEEN DONE IF THE DEPUTY DIRECTOR WAS DISOBEDIENT?*
Under *PSR 030302-030307 and Chapter 3 of the Delta State Civil Service Rules*, the procedure is laid down:
a. Issue Query in writing stating the offence.
b. Receive reply within 72 hours.
c. If unsatisfactory, set up Senior Staff Management Committee / Disciplinary Panel.
d. Recommend sanction: Warning, Withholding of Increment, Suspension, Interdiction, Demotion or Dismissal.
e. The Hon. Commissioner can only act through the Permanent Secretary and Head of Service.
*Physical assault is NEVER an option. Global best practice in a cooperative Ministry is mediation, query and referral to Establishment Department.*
*VIOLATIONS COMMITTED*
*A. Under the 1999 Constitution of the Federal Republic of Nigeria [As Amended]:*
– *Section 33 – Right to Life:* No one shall be deprived of his life intentionally except in execution of court sentence.
– *Section 34 – Right to Dignity:* No person shall be subjected to torture or inhuman or degrading treatment.
– *Section 14:* Security and welfare of the people is primary purpose of Government.[1][a][2][b]
*B. Under Public Service Rules & Code of Conduct:*
– *PSR 030401 – Serious Misconduct:* Physical assault, fighting on duty, conduct prejudicial to security of the State.
– *PSR 030402 – Unbecoming Conduct:* A Political Head engaging in physical combat.
– *Paragraph 1 & 9, Fifth Schedule, Code of Conduct for Public Officers:* A public officer shall not abuse his office or do any act prejudicial to rights of any other person.
– *PSR 030413:* Any officer who instigates or connives at misconduct is equally liable.
– The Female Director violates *PSR 030301 – Abuse of Office and Division / Instigation.*[b]
*My Affirmative Position under PSR:* Both the Commissioner and the Female Director should be *immediately suspended from office* and placed under investigation. If a prima facie case is established, the Commissioner should be dismissed from the State Executive Council and the Director should face compulsory retirement/dismissal under PSR 030407 for gross misconduct and abuse of office.
*C. Under the Criminal Law – Criminal Code Law of Delta State [Applicable in Delta]:*
– *Section 252 & 253 – Assault and Assault Occasioning Harm.*
– *Section 316 – Definition of Unlawful Killing.*
– *Section 317 & 325 – Manslaughter:* Where death results from unlawful assault without intention to kill, it is Manslaughter, punishable by life imprisonment.
– *Section 319 – Murder:* If intention to cause grievous bodily harm that results in death is proved.
*Fate of the Boys:* They are liable as principal offenders under *Section 7 & 8 of Criminal Code – Parties to an Offence.* They have no immunity. Their act amounts to at least Manslaughter, at worst Murder.
*D. Who Should Be Arrested Now?*
Yes, it is not only wise but *mandatory* for Police to arrest immediately. Death has occurred.
1. The Hon. Commissioner Dr. Kingsley Ashibuogwu – for direct assault and instigation.
2. The Female Director – for conspiracy and instigation under Section 516 of Criminal Code.
3. All the “boys” who physically assaulted the deceased.
They should be arrested, statement taken, and charged to High Court. No one should be shielded because Government has no immunity for Commissioners under Section 308 which only protects President, Vice President, Governor and Deputy Governor.
*E. What Delta State Government Must Do Beyond Condolence Visit:*
A condolence visit is grossly inadequate. Government must:
1. Immediately suspend the Commissioner and place the Female Director on interdiction without pay pending outcome.
2. Set up an Independent Judicial Commission of Inquiry.
3. Direct the Commissioner of Police to transfer the case to State CID for homicide investigation and ensure autopsy is conducted.
4. Announce full payment of Death-in-Service benefits, gratuity, pension to the family of Mr. Adeda who died in active service under *PSR 050101.*
5. Take responsibility for medical bills, funeral and scholarship/employment for his children.
6. Issue a public statement condemning the act and assuring public servants of their safety.
7. Refer the matter to the Code of Conduct Bureau for abuse of office.
*MY FINAL AFFIRMATION UNDER THE LAW:*
Under the Constitution, no public officer has power to take life or dignity of another. Under PSR, discipline is administrative, not physical. Any Commissioner or Director who resorts to slapping and ordering beating of a GL 16 Deputy Director has violated his Oath of Office and is liable to dismissal and criminal prosecution for Manslaughter/Murder. The Nigeria Police under *Section 4 of Police Act 2020* has a duty to arrest, investigate and prosecute ALL persons connected to this death without fear or favour.
The family of the deceased deserves justice, not just sympathy no matter whose ox is gored.
*Signed:*
Sammy Afamefune Anukwu Esq.
Social Commentator/Public Analyst
