For a while, I stood just a few inches to the pedestrian walkway close to the North Western access to the Mrs Fuel Filling Station located at the Emirs Road – Murtala Mohd Way intersection. For a couple of seconds, I closed my eyes. Emotion grabbed me. But considering the possibility that my action at that spot might be drawing attention from curious passersby and traders, I walked away. The spot where I earlier stood was where Muyideen Akanbi Mustafa Opobiyi fell. The spot where he voluntarily stood, and had his last stand as a living soul. The spot, where he was shot down.

Born on the 7th of July, 1987, in Ilorin to the family of Alhaji and Alhaja Mustafa Oke Odo Opobiyi. Young Muyideen went to Ansarudeen Primary School from 1994 to 2000. In 2002 he proceeded to Government Day Secondary School Adeta for his Junior Secondary School Education. He left Ilorin in the year 2005 for Army Day Secondary School, Maitama Abuja to continue his Senior Secondary School Education. Muyideen was planning to proceed to the University of Ilorin to obtain a degree that particular year that his life was cut short by a gunshot to the chest from the hand of a Nigerian Police officer who was supposed to be protecting him. He was said to have just concluded a three months Computer Training programme at the Da’rul salm Computer Training Institute of Information and Technology, Ilorin three days before he was killed.

His death was the first among a number of civilian deaths that came along with the fuel subsidy removal protests that shook the nation in the early part of 2012.

Two theories exist on the events that led to the demise of Muyideen Mustafa on that fateful day. The first was the unfortunate story of a regular young Ilorin lad that left his house early in the morning at Opobiyi Compound within the inner part of the ancient Ilorin Township. He needed a new battery for his mobile phone so he left for the Post Office area, one of the major nucleus of commercial activities in the metropolis. Just like many residents and visitors to the area who were not in the know of any protest or demonstration to come, he got to the Post Office Area and has obtained his new phone battery when the protesters stormed the area. They started burning tires and must have threatened to attack the MRS Filling Station when the police intervened. But the protesters charged at the police with defiance when one of the armed officers shot at the protesters. The crowd of protesters dispersed and took to their heels. The bullet missed the protesters and a passerby was hit instead. The passerby was felled on the tarred road and must have died instantly. The innocent passerby was Muyideen Mustafa. Some eye witnesses maintained that he was still holding his new phone battery in his hand as his lifeless body lay on the road.

The second theory was the story of an patriotic youth who on seeing a group of people marching in protest along the street pass his residence (Opobiyi Compound along Ajikobi Road) joined in demonstration. They marched pass the Emir Palace and got to the Post office area where they started burning tires. Some of the protesters ordered traders and store owners to close up and join the protest. Muyideen Mustafa was believed to be among this crowd of protesters. The MRS Filling Station at Post Office area was going to be attacked by the protesters who noticed they were still entertaining customers but the Police had arrived and they attempted to disperse them. The protesters then started hurling rocks at the police when one of the officers shot into their midst. Muyideen Mustafa was hit by the bullet to the chest.

These are the two theories about how Muyideen Mustafa met his untimely death. But no matter what the event that led to the unfortunate presence of Muyideen Mustafa at the spot where he met his sudden demise, no free citizen of Nigeria deserves to be denied of the civil right to protest, talk more of being shot at during the process. The police have a duty to protect lives and property and uphold the rule of law. It is therefore completely unacceptable for them to use live ammunition against protesters”, said Paula Rigaud, Amnesty International’s Deputy Director for Africa shortly after the incidence.

She went on that “the Nigeria authority should respect and protect people’s right to freedom of expression guaranteed by the Nigerian Constitution, and should instruct the Police Force to refrain from shooting at protesters”. In Nigeria, police officers can shoot at rioters or protesters whether or not they pose a threat to life.

The regulation which is under a controversial regulation, known as “Police Force Order 237” directs officers to fire “at the knees of rioters” and explicitly prohibits firing in the air. The force order 237 is being abused by police officers to commit, justify, and cover up illegal killings. A display of sheer impunity and disrespect of people’s right.

In any case according to DIG Olori Abimbola Ojono (rtd), the use of fire arms should be regarded as potentially lethal in all circumstances, and firing at a suspect, regardless of where an officer aims, is likely to result in death. Such was the case of Muyideen Mustafa and other 15 casualties during the Fuel Subsidy Removal protest.

This particular incidence revealed the magnitude of problem facing the Nigerian Police force whose officers hide under the “Police Force Order 237” to open fire at protesters at will. Section 6 of the Force Order 237, instructs police officers that in situation of “riot”, “any ring-leaders in the fore front of the mob should be singled out and fired at”. The question now is that, was the crowd of people who gathered at Post Office Area in Ilorin on that Tuesday morning rioting or protesting? Or could it be that the officer who fired shot at the crowd did it under the assumption that Late Muyideen Mustafa was the ring leader of the crowd? Why didn’t he aim at young Muyideen Mustafa’s knee instead of a shot to the chest? These and several other vital questions remained unanswered. But the most crucial question was the appropriate investigation of the incident and the final pass of judgment.

Left to the people, the police officer who shot Muyideen Mustafa has already been found guilty of murder and could have been condemned to similar fate if given the right.

The words of Muyideen Mustafa’s father, Alhaji Mustafa Opobiyi, during the burial of his son echoed the quest for justice. But up till this moment, nothing has been made known to the public concerning the issue. Investigation has been rarely carried out. The case seem as though it has been forgotten. Which means the perpetrator of the act is still free and at large

“Muyi” as the deceased friends usually addressed him was in his prime at the time of his untimely death. He was a high-spirited and adventurous youth who like every other present day Nigerian youth would have been a great asset and useful tool to the crucial growth and development of his state and the nation at large. Muyideen Akanbi Mustafa and the 15 other casualties of the fuel subsidy protest would be remembered for what they represent. His name will be written in our hearts forever and in the sands of time not only as the first victim of the fuel subsidy removal protest, but also as the first group of protesters to march in the streets to demonstrate the series of anti-people policies and lack of regard for the general masses which our few leading elites have been demonstrating for a long time now.

Muyideen Mustafa will not die in vain unless we keep up the spirit of Occupy Nigeria and never relent in our effort through which ever legit means to make sure we finally have a nation free of all what the January 2012 fuel subsidy removal protest truly represents. He will not die in vain if his killer is brought to justice through proper investigation of the incidence that led to his death. For if the police officer that shot and killed Ademola Aderinde (who was another victim of the protest) in Lagos (six days after Muyideen Mustafa was shot in Ilorin) was arrested and brought to justice. Why can’t Muyideen’s shooter too be investigated and charged if found guilty? Perhaps it reflects our attitude in Kwara state and Ilorin in particular to such things. Up till this moment no individual or group has spoken up or call for a serious investigation into the case. Let us not hide under the pretence that the young man’s family have decided not to pursue the case. One can expect that there is more to the decision of the family to resign to fate rather than ensure that the officer who robbed their son out of life is brought to justice.

Finally Muyideen Mustafa and the other 15 victims of the protest will not die in vain if the ‘Police Force Order” is reviewed and pronouncement is made clear through enforced laws that the use of lethal force during protest or against unarmed protesters is not allowed. The Nigerian police should be provided with necessary training and non-lethal equipments to properly manage public order situations.

 And as it marks one year today when he fell, we pray that the Almighty grant his soul eternal rest and give his family continued fortitude to bear the great loss.