All Posts in "Law/Human Rights"

ENDSARS:Lagos Commences Probe Into Journalist Pelumi Onifade’s Death

 

 

 

Mohammed Shosanya

 

 

 

The judicial inquiry into the cause of death of Mr. Pelumi Onifade, a 20-year-old reporter with Gboah TV who died during the #EndSARS protests in October 2020, began in Lagos on October 17, 2024 with the investigating magistrate promising a thorough and impartial investigation to uncover the truth, assign responsibility for his death, if necessary, and provide his family with closure.

 

 

 

 

The coroner’s inquest into the death of Mr. Onifade, who was reportedly arrested by policemen attached to a Lagos state taskforce while he was covering the #EndSARS protests in 2020.

 

 

 

 

He was later found dead at a mortuary in Ikorodu in Lagos, where his body was deposited, was convened on the orders of a Federal High Court in Lagos following a wrongful death suit brought against the Police and the Lagos State Government by Media Rights Agenda (MRA) demanding, among other things, an investigation into the late journalist’s death.

 

 

 

 

In his July 19, 2024 judgment in the suit, Justice Ayokunle Olayinka Faji directed the Attorney-General to take all necessary steps to ensure an investigation into the circumstances of Mr.  Onifade’s death and to conduct a coroner’s inquest to ascertain the cause of death as well as identify and prosecute those responsible for his death.

 

 

 

 

At a preliminary hearing at the coroner’s inquest on October 17, Media Rights Agenda was represented by Mr. Kingsley Kenechukwu, a lawyer from the law firm of Charles Musa and Co., and Mr. Monday Arunsi, a Legal Officer at MRA, while the Attorney General of Lagos State was represented by Mr. Oluwaseun Akinde.

 

 

 

 

Mrs. T.R.A. Oladele,the District Coroner who presided, said the core objective of the inquest is to ascertain whether the death was preventable, the true cause of death, and the validity of any allegations made in connection with Mr. Onifade’s death, adding that the inquest would also serve to identify any negligence or culpability on the part of anyone.

 

 

 

 

 

The coroner heard from Mrs. Bose Onifade, mother of the late journalist, who recounted the conflicting reports about the location of her son’s body and the family’s futile efforts to secure the release of his corpse to them.

 

 

 

 

 

She told the coroner that the family had initially been told by the Lagos State Government Taskforce at Oshodi that the body had been taken to the Ikorodu mortuary, where her husband, Mr. Olatunde Onifade, accompanied by some of his church members, positively identified the body the late journalist, but added that the mortuary refused to release the body to him.

 

 

 

 

According to Mrs. Onifade,they were later told that the body had been moved to Yaba mortuary,but on getting there, they were not given any clear information about its whereabouts.

 

 

 

 

She said the confusion and lack of clarity has worsened the family’s distress.

 

 

 

 

Replying,Mr. Akinde,representing the Attorney General, suggested that the taskforce responsible for the removal of the body, along with other relevant authorities, be contacted to provide documentation such as a serial number to track the body’s movements as this would help to clarify the body’s location and alleviate the family’s concerns.

 

 

 

 

The coroner directed that official records and documentation regarding the body’s transfer be obtained from the taskforce, adding that DNA testing might be necessary to conclusively confirm the body’s identity, especially given the discrepancies in the available records.

 

 

 

She told the coroner that her DNA had already been collected at Lagos State University Teaching Hospital (LASUTH) and the DNA Test Centre in CMS, Lagos, but that she had not received any feedback or follow-up from either of the institutions.

 

 

 

 

Mr. Akinde assured the coroner that he would follow up on the matter to ensure a prompt resolution.

 

 

 

 

The coroner directed that a comprehensive list of all relevant parties to be included in the inquest proceedings should be compiled and that the list should include not only the taskforce members but also any additional witnesses or officials with knowledge of the circumstances surrounding the death.

 

 

 

 

She said the objective is to ensure a thorough and impartial investigation by incorporating all pertinent testimonies and evidence.

 

 

 

 

 

The coroner accordingly directed Mr. Akinde to send a formal request to the appropriate agencies, to provide clarification on the status of Mr. Onifade’s body and ask for all relevant records, stressing that the primary objective of the inquest is to uncover the truth, assign accountability where necessary, and provide the deceased’s family with a sense of closure.

 

 

 

The coroner adjourned further proceedings until October 30, 2024.

 

 

 

 

Online Editor by — October 18, 2024 in Law/Human Rights 0
Alao Akala:Court Summons Ex-Oyo First Lady,Others Over Late Husband’s Estate

 

 

 

Mohammed Shosanya

 

 

An Oyo state high in Ibadan,has summoned a former first lady of Oyo state, Kemi Alao-Akala to appear before it within 30 days of service of a writ of summons ordered on her and her co-defendant in a suit filed before the court for allegedly obtaining a letter of administration over the estate of late husband, former Governor Adebayo Alao-Akala without the consent of the claimant.

 

 

 

The order was sequel to grant of an ex-parte motion, on an order of substituted service brought before it by Dipo Olasope (SAN), counsel to the claimant, Toyin Alao-Aderinto, against Kemi Alao-Akala and Olamide Alabi, over the mismanagement of the estate of late Otunba Christopher Adebayo Alao-Akala by the defendants and their privies.

 

 

 

 

The late Alao-Akala was governor of oyo state between 2007 – 2011 and died intestate.

 

 

 

 

 

The suit marked I/443/2024 is challenging the actions of the defendants, Kemi Alao-Akala and Olamide Alabi, who have been accused of allegedly obtaining a letter of administration from the Oyo state high court on the 6th of October, 2022, in connection with late Otunba Adebayo Alao-Akala’s estate, mismanaging the deceased’s assets and properties and further excluding the claimant/applicant from benefitting from the distribution of the assests of the estate of late Otunba Christopher Adebayo Alao-Akala, the claimant’s father.

 

 

 

 

 

The first daughter of the deceased Alao-Akala, Oluwatoyin Alao-Aderinto is seeking the leave of court, to declare as illegal, null and void, a letter of administration illegally obtained by the duo of Kemi Alao-Akala and Olamide Alabi from the registry of the Oyo state high court and to also grant an order of perpetual injunction, restraining the defendants, including Kemi Alao-Akala and Olamide Alabi, by themselves, agents or privies or whomsoever is claiming through them, from continuing to sell or dispose any asset (real or personal), belonging to the late former governor of Oyo state, Otunba Christopher Adebayo Alao-Akala.

 

 

 

 

 

Toyin Alao-Aderinto,in a letter dated 16th August, 2023, signed by Dipo Olasope SAN., principal partner, Dipo Olasope and co., and addressed to the duo of Kemi Alao-Akala and Olamide Akala, had stated that the “Letter of Administration over the estate of the Late Alao-Akala was illegally obtained by the duo of Kemi and Olamide to the exclusion of Toyin, being the first child and who by law should be one of the administrators, except she decline to act”.

 

 

 

 

 

 

While Toyin, who is the first child of late Alao-Akala has been sidelined in the scheme of things, Olamide, her mother and two other siblings, including Olamiju Alao-Akala, who is a serving House of Reps member, Kemi, who was first lady during the tenure of Alao-Akala as Governor and her son, Olamikunle, are working in unison to appropriate the estate of the deceased among the six of them, thereby excluding other legitimate children of Alao-Akala from benefiting from the estate of their late father, according to the letter from the law firm of Dipo Olasope and co.

 

 

 

 

 

 

The letter also revealed that the defendants, Kemi Alao-Akala and Olamide Alao, after approaching the probate registry of the Oyo state high court, Ring Road, Ibadan to process the illegal Letter of Administration, without the consent of the Toyin who is the first child of the family, dealt wrongly and illegally with the assets of the deceased Alao-Akala.

 

 

 

 

 

A 21 days notice was issued to the defendants to amend the letter of Administration to accommodate Toyin and correct other anomalies therein, while another seven days notice was issued as required by law before the claimant approached the court to seek legal redress.

 

 

 

 

 

That the claimant, being the First Biological daughter of late Otunba Christopher Adebayo Alao-Akala (deceased), is entitled to inherit and have equal share (if not more), in the estate of late Otunba Christopher Adebayo Alao-Akala, who died intestate on the 12th of January, 2022.

 

 

 

 

A declaration that the defendants have no right whatsoever, to deny the claimant of her bon-fide right(s), interest and entitlement to the estate of late Otunba Christopher Adebayo Alao-Akala.

 

 

 

A declaration that the letter of administration granted to the defendants by the Oyo state high court on the 6th day of October, 2022, in connection with late Otunba Christopher Adebayo Alao-Akala’s estate was fraudulently and illegally obtained and therefore, illegal, null and void, among other reliefs sought from the court.

Online Editor by — September 30, 2024 in Law/Human Rights 0
Court Restrains BEDC From Disconnecting UNIMEDTH

Mohammed Shosanya
An Ondo State High Court in Akure has restrained Benin Electricity Distribution Company (BEDC) from disconnecting electricity at the state-owned University of Medical Sciences Teaching Hospital (UNIMEDTH), Ondo, over alleged indebtedness.
The court also stopped BEDC from tampering with the cable that supplied electricity to the hospital.
Justice B. J. Akinwumi granted the ex-parte order in a suit filed by the hospital through its counsel, Iyiola Afolabi.
The hospital sued BEDC over fear of disconnection of its power owing to alleged indebtedness.
It prayed for an order of interim injunction restraining the defendant, its agents, servants, privies, staff or officers or anybody claiming through or for the defendant from disconnecting or threatening to disconnect electricity supply to the claimant, pending the determination of the motion on notice.
The motion was brought under order 20 Rule 1 (1) and (2), Rule 15 of the Ondo State High Court (Civil Procedure) Rules 2019 and under the inherent jurisdiction of the court.
admin by — September 21, 2024 in Law/Human Rights 0

Mohammed Shosanya

A Federal High Court in Abuja, Wednesday, ordered the Defence Intelligence Agency (DIA), to detain an Assistant Superintendent of Police, ASP, and 19 others for one month over their alleged involvement in banditry, kidnapping and terrorism activities.

Justice Peter Lifu, made the order after hearing an exparte application brought before the court by the government agency.

The police ASP, A. A Babangida, was ordered to be detained alongside other suspects for 30 days to enable the DIA operatives carry out thorough investigation into their involvement in the alleged crimes.

Other suspects ordered to be detained are:Usman Idris, Abu Safiyanu, Alhassan Idris, Sahada Ishaka, Abubakar Ibrahim Sani Bello, Yahaya Abdullahi, Haruna Salisu and Mohammed Muazu.

The rest included: Nura Idris, Alhaji Manu Mohammed, Umar Mohammed Lamu, Abubakar Mandara, Suleiman Musa Mohammed, Alhaji Madayi, Alhaji Amodu Bukar Prince Oghewe and Uzoma Aghaoyibo.

S.A Aminu,who moved the ex-parte application marked FHC/ABJ/CS/1146/2024, on behalf of DIA, had requested an order of court to detain the suspects for 90 days.

She told the court that the involvement of the suspects in the alleged terrorism activities was so complex because, according to her, the bomb experts for the gang have just been apprehended based on information being volunteered by the detainees.

She explained that DIA intends to carry on critical investigation into the unlawful activities of Babangida and others before handing them over to the Attorney General of the Federation, AGF, for prosecution.

The ex-parte application of the DIA was supported by a 21-paragraph affidavit, which stated how the agency obtained hints that led to the arrest of the suspects in various locations and at different times.

After going through the documentary exhibits placed before the court, Justice Lifu ordered the agency to detain the suspects till the conclusion of investigation.

But,the judge refused to grant the request of the DIA to detain the suspects for 90 days, on the basis that they have been in detention for three months and the fact that the Constitution presumes them innocent until the otherwise is proven against them.

The court also ordered that the DIA should do everything within its powers and ambit of the law to complete its investigation into the allegations against the suspects so as not to breach constitutional provisions.

ASP Babangida was arrested in June and had since been in DIA custody.

He was alleged to have been aiding Boko Haram members, bandits and ISWAP members in carrying out terrorism activities in some parts of the country.

admin by — August 30, 2024 in Law/Human Rights 0
Court Stops APC From Conducting Congresses In Rivers

Omobolanle Shosanya

A Rivers State High Court sitting in Port Harcourt,has granted an experte order restraining the National Leadership of the All Progressive Congress led by the chairman, Abdullahi Umar-Ganduje, the Secretary, Surajudeen Ajibola-Basiru from going ahead to conduct its planned Ward, Local Government and State Congresses billed for October 11th, 16th and 26th, 2024.

Other defendants in the suits filed by Peter Ohochukwu and Haija Ndidi-Chukwuma for themselves and all elected executive members of APC in the state are the All Progressives Congress, Inspector General of Police, Nigeria Police and the Independent National Electoral Commission, INEC.

Justice Godwin O. Ollor in his ruling on the ex-parte motion,also restrained the defendants either for themselves, their officers or agents from conducting, supervising, holding, monitoring or in any other manner conduct election to make up Rivers State Executive Committee of APC in Rivers State.

Justice Ollor hinged his ruling on the merit of the application by the Plaintiffs’ counsel, Collins Dike.

The court also restrained the National leadership of the party against any plan to suspend the Emeka Beke led executives of the party in the state.

The court further restrained the National Chairman of APC and the Secretary from doing anything to interfere with the activities of elected executives of the party in the state led by Chief Emeka Beke, pending the hearing and determination of motion on notice for interlocutory injunction.

admin by — August 23, 2024 in Law/Human Rights 0
Former Staff Sue NCPC Over Alleged Wrongful Dismissal

Mohammed Shosanya

Thirteen former staff members of the Nigerian Christian Pilgrim Commission (NCPC) have filed a lawsuit in the National Industrial Court, Abuja, seeking to overturn wrongful dismissal by the commission’s management.

A termination notice dated February 27, 2024, and signed by Ephraim Ekpe, Assistant Director of Administration, stated that the employees were dismissed due to alleged “irregularities” in their hiring process.

The notice informed them that their appointments, effective from October 16, 2023, were being rescinded immediately.

The dismissed employees include Gyang Stephen Monday, Avoseh Taiwo Stephen, Gbile Nder Pascal, Pam Yakubu Chung, Soladoye Temitope Ajiboye, Lekwot Raymond Daniel, Dung Chung Bok, Barnabas Miriam Ali, Nwachukwu Eugene Ikechukwu, Sunday Nyam Bot, Dablet Nnandom Apollos, Pam Yakubu Chadikison, and Ukaiha Joy Oluchi.

Represented by attorney Osuagwu Ugochukwu, the former staff are seeking the court to declare that the termination letter does not constitute a valid dismissal as it did not comply with the terms of their original appointment.

They argue that the term “withdrawal of appointment” is not recognized under Nigerian law or labor regulations.

They are also requesting the court to confirm that their employment, as outlined in the October 16, 2023, appointment letter, remains valid until October 3, 2025, since their dismissals were not executed correctly.

They are seeking a judgment for N5,000,000 to cover legal costs and clarification on whether the term “withdrawal of appointment” constitutes a valid termination under the Nigerian Labour Act.

admin by — August 23, 2024 in Law/Human Rights 0
Meet Nigeria’s Incoming CJN,Justice Kudirat Motonmori Olatokunbo Kekere-Ekun

Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun is a serving Justice of the Supreme Court of Nigeria. She is the 5th and youngest female to be appointed as a Justice of the Supreme Court of Nigeria. This article examines the early life, education, and notable achievements of Hon. Justice K.M.O. Kekere-Ekun.

Justice Kekere-Ekun was born in London, the United Kingdom on 7th May 1958. Her parents were both indigenes of Lagos State, Nigeria. She is the eldest of eleven siblings from both parents. Her father, Alhaji Senator H.A.B. Fasinro, OFR, LL.D, was a fervent Muslim and a very dedicated family man of noble lineage. He belonged to at least 3 Royal Families in Lagos. He was a legal practitioner and very active in politics.

Throughout his career, he worked for many years as a Crown Counsel in the old Western Region of Nigeria. He also became the Town Clerk of Lagos City Council (similar to being the Mayor of Lagos).

In 1975, at the age of 56 years, he retired voluntarily from the civil service. He subsequently became a Senator of the Federal Republic of Nigeria in 1983.

His tenure was however brought to an abrupt end with the overthrow of the Alhaji Shehu Shagari-led civilian government in a military coup in December 1983. He was also an author. He died at the age of 99 on 31st March 2019.

Her mother, Mrs. Winifred Layiwola Ogundimu (née Savage), is a devout Christian. She studied nursing in the UK, where she qualified as a Public Health Nurse before returning to Nigeria in December 1965.

Upon her return to Nigeria, she built her career in the civil service of Lagos State and retired years later, at the age of 60. Mrs. Ogundimu is currently the head of a large and prominent Lagos family, the Savage Family.

Alhaji Senator H.A.B. Fasinro, OFR, LL.D, and Mrs. Winifred Layiwola Ogundimu both remarried when K.M.O. Kekere-Ekun was still young. K.M.O. Kekere-Ekun grew up in a polygamous home with her father, stepmothers, siblings, and other relations. One of her stepmothers, who greatly influenced her life, was a teacher.

She was brought up in an extremely strict and disciplined environment at home, where she was taught lasting values such as hard work, integrity, contentment, and the ability to get on with most people and to cope with most situations. It was always a full house with extended family and other school children spending their holidays, to earn extra tutoring and a disciplined upbringing.

K.M.O. Kekere-Ekun was privileged with quality education. She attended private primary schools before proceeding in 1970 to Queen’s College, Lagos, which was the best Federal Government College for girls in the country at the time. She studied Law at the University of Lagos, Nigeria, from 1977 to 1980 and obtained her LL.B in 1980.

Following this, she attended the Nigerian Law School from 1980 to 1981 and was called to the Nigerian Bar in July 1981. From 1981 to 1982, she was engaged in the compulsory National Youth Service at the Ministry of Justice, Benin City, Bendel State (now Edo State). Afterwards, she proceeded to the London School of Economics and Political Science (LSE) where she obtained a master’s degree in law in 1983.

After qualifying as a lawyer and obtaining a master’s degree in law from the London School of Economics and Political Science (LSE), she worked in private law practice for a few years. As a result of the toll of the demands of private practice on her domestic responsibilities, she decided to join the bench to be able to enjoy more predictable work hours.

She applied and was appointed by the Lagos State Judiciary as a Senior Magistrate Grade II in December 1989. This marked the beginning of her career on the bench. She was subsequently appointed a Judge of the High Court of Lagos State on 19th July 1996. In September 2004, she was elevated to the Court of Appeal.

As a Justice of the Court of Appeal, she served in five different Divisions across the country. She was the pioneer Presiding Justice of the Makurdi Division of the Court of Appeal and also served as the Presiding Justice of the Akure Division of the Court of Appeal before her elevation to the Supreme Court on 8th July 2013. She is currently a member of the Supreme Court Rules Committee and Chairman of the Supervisory Committee of the Litigation Department of the Court.

K.M.O. Kekere-Ekun served as Chairman of the Robbery and Firearms Tribunal, Zone II, Ikeja, Lagos, from November 1996 till May 1999, when the Tribunals were abolished. The constitution of the Tribunal included one Police officer and one Military officer. In the process, the Police officer gained significant insight into the requirements for conducting effective criminal investigations and prosecutions.

He was subsequently posted to the Police College (where recruits are trained) as a lecturer and was able to share a lot of what he had learned from his participation in the Tribunal hearings.

In recognition of her reputation for integrity and hard work, she was one of 3 Judges of the Lagos State High Court first selected to try offences relating to financial crimes and money laundering under the Economic and Financial Crimes Commission Establishment Act, 2004 and the Corrupt Practices and Other Related Offences Act, 2000.

Furthermore, in 2003, K.M.O. Kekere-Ekun served as a member of the Ethics Curriculum Planning Committee of the National Center for State Courts (NCSC), in collaboration with the Department for International Development (DFID) and UNODC.

This committee produced the Code of Conduct for Judicial Employees. She also chaired the Public Complaints and Training Committee that was part of the UNODC pilot project on strengthening judicial integrity and capacity in Lagos State. This was from February 2003 till July 2004.

The Public Complaints Committee investigated complaints against magistrates in the performance of their official duties and became pivotal for the reform of the justice delivery system in the magistrate courts. Moreover, she served as a supervisory judge in charge of the Apapa Magisterial District in Lagos State from October 2002 till July 2004.

She also served as a member of the committee that drafted the High Court of Lagos State (Civil Procedure) Rules 2004 from April 2002 till December 2002. The new Civil Procedure Rules introduced innovations in case management such as the front-loading concept, pre-trial conference, and the application of ADR mechanisms for the speedy dispensation of justice.

The innovations have also been adopted by most states of the Federation and have proved particularly helpful in the speedy dispensation of electoral disputes.

From December 2001 till December 2004, she served as a member of the Steering Committee of the Lagos State Multi-Door Court House, the first court-connected Alternative Dispute Resolution centre in Africa.

At the Court of Appeal, she served on the Information Technology Committee, which was to facilitate the computerization of the Court. Hon. Justice K.M.O. Kekere-Ekun is a recipient of prestigious awards.

She was a recipient of the Merit Awards of the Lagos State Judiciary, in December 2003 and in September 2013.

Again,she was twice awarded the Distinguished Trailblazers Awards by the Nigerian Bar Association Women Forum (August 2012 and 2014). She belongs to several professional associations and groups, including the National Association of Women Judges; International Association of Women Judges; Body of Benchers – Life Bencher W.E.F. 8th February 2018; Nigerian Institute of Advanced Legal Studies (Fellow); and International Dispute Resolution Institute (Fellow).

She is also a member of the Ikoyi Club 1938. Hon. Justice K.M.O. Kekere-Ekun has been married to Mr. Akin Kekere-Ekun, OFR, since December 1983. His work ethic and integrity have been a great motivating factor for her. Their union is blessed with three children who are all graduates and excelling in their chosen fields. K.M.O.

Kekere-Ekun is passionate about self-examination, being the change that one wants to see in the world and setting your standards early, starting every endeavour in the same manner as one means to carry on.These have been her guiding principles in her personal and professional life.

admin by — August 20, 2024 in Law/Human Rights 0
NJC Probes 27 Judges Over Alleged Misconduct

Mohammed Shosanya

The National Judicial Council (NJC),has has set up four probe panels to investigate 27 High Court Judges, over allegations of judicial misconduct filed against them.

The panels were constituted during the 106th meeting of the NJC presided over by the outgoing Chief Justice of Nigeria, Olukayode Ariwoola, after due
consideration of the report of its Preliminary Complaints Assessment Committee on 22 petitions written against 27 Judicial Officers of the Federal and State High Courts,a statement said on Friday.

The e NJC’s Director of Information, Mr Soji Oye,who signed the statement,stated that the remaining 18 petitions were discountenanced for lacking in merit, abandoned or being subjudice.

Besides,the NJC placed five Judges on its pre-sanction Watch List register for poor performance, stressing that they would be recommended to the Council for appropriate sanction if they do not improve on their performances.

The NJC issued letter of advice to Justice O. M. Olagunju of Oyo State High Court, cautioning him to be circumspect as a judicial officer before acting, even in the most challenging situation.

Justice Olagunju was said to have used uncouch language in a letter addressed to the Chief Justice of Nigeria, challenging Council’s decision and its policy direction on appointment of President, Court of the Customary Court of Appeal, Oyo State.

The discountenanced petitions, NJC revealed were against Hon. Justice Monica B. Dongban-Mensem, President Court of Appeal, Hon. Justices E. O. Williams Dawodu, B. A. Georgewill, Yargata Timpar, S. D. Samchi, Aisha B. Aliyu, A. A. Aderibigbe M. L. Shuaibu, H. A. O. Abiru and Abdulazeez Waziri all of the Court of Appeal.

Others are;Hon. Justice John Tsoho, Chief Judge, Federal High Court, Hon. Justices Z. B. Abubakar, James. Kolawole Omotosho, Sunday B. Onu all of the Federal High Court and Justice Okon E. Abang when he was serving at the Federal High Court.

They also include; Hon. Justice Kayode Agunloye of the FCT High Court, Hon. Justice Babagana Karumi of the High Court Borno State, Hon. Justice Maimuna A. Abubakar of the High Court of Niger State, Hon. Justice A. A. Aderibigbe of Osun State High Court and Hon. Justice Aisha B. Aliyu of Nasarawa State High Court.

Meanwhile, Justice Ariwoola, being the last meeting before he bows out of service, appreciated the cooperation he received from members of the Council and the Council’s secretariat just as he implored them to extend same to his successor.

admin by — August 17, 2024 in Law/Human Rights 0
#EndSARS Protests:Court Orders LASG To Investigate Journalist’s Death,Prosecute Killers

Mohammed Shosanya

A Lagos Federal High Court has ordered the Lagos State Government to launch an investigation into the death of Mr. Pelumi Onifade, a 20-year reporter with Gboah TV, an online television channel, who was reportedly arrested by officers attached to a Lagos state task force while covering the #EndSARS protests in 2020.

He was later found dead at a mortuary in Ikorodu in Lagos, where his body was deposited.

The Court also ordered the state government to conduct a coroner’s inquest to ascertain the cause of the death of Mr. Onifade as well as identify and prosecute those responsible.

Delivering verdict in a suit filed by Media Rights Agenda (MRA) over the death of the journalist against the Police and the Lagos State Government, Justice Ayokunle Olayinka Faji agreed that the Government’s chief law officer “cannot just conduct an inquest without a duplicate of the case-file”.

He ruled that section 74 of the Administration of Criminal Justice Law (ACJL) of Lagos State gives the Attorney-General the power to request for a case-file from the Commissioner of Police.

The court dismissed five of the claims made by MRA against the Police on the ground that there was no evidence before the court to support them.

Justice Faji noted that none of the facts in MRA’s affidavit was denied by the Attorney-General who only raised an issue of law, adding that in the course of oral arguments, the Attorney-General’s counsel also undertook to conduct an inquest.

Lagos-based lawyer, Mr. Charles Musa, filed an originating summons on August 4, 2021, on behalf of MRA, against the Lagos State Commissioner of Police (COP), the Inspector-General of Police (IGP) and the Attorney-General of Lagos State.

In the suit filed pursuant to Sections 6(6) and 46(1) as well as 33, 35 and 39 of the 1999 Constitution; Articles 4, 5 and 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, 2004; and Order II Rules 1, 2, 3, 4 and 5 of the Fundamental Rights (Enforcement Procedure) Rules 2009, the organization is asking the court to declare that:

· Mr. Onifade’s shooting in Oko Oba in Agege Local Government Area of Lagos State, by agents of the COP and the IGP on October 24, 2020 in the course of his journalistic work is unconstitutional and a gross violation of his fundamental rights as guaranteed by section 33 of the 1999 Constitution (as amended) and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004;

· Mr. Onifade’s arrest and unlawful or restriction of his liberty by agents of the COP and the IGP on October 24, 2020 in the course of his journalistic work is unconstitutional and a gross violation of his fundamental rights as guaranteed by sections 35, 39 and 46(1) of the 1999 Constitution and Articles 5 and9 of the African Charter.

· The constitutional and statutory duties of the respondents do not extend to unlawful detention of innocent individuals who have not been charged to Court or found guilty of any offence by a competent court of law in Nigeria; and

· The cop and the IGP have an obligation to investigate crimes committed against Mr. Onifade, a journalist exercising his right to freedom of expression as guaranteed under Sections 33 and 39 of the Constitution and Articles 4 and 9 of the African Charter.

MRA also asked the court to issue three orders,directing the respondents to launch a transparent, impartial and independent investigation into the circumstances of the death of Mr. Onifade whose body was found in a morgue in Lagos; directing them to conduct a coroner’s inquest to ascertain the cause of his death; and directing them to identify and prosecute those responsible for his death.

In his verdict Justice Faji pointed out that although the COP and the IGP were served with the originating summons and other processes in the suit, they did not file any response.

He noted that Mr. John Gbadamosi, MRA’s Programme Officer who deposed to the affidavit in support of suit, did not witness any of the facts relevant to the matter, adding that there was also no documentation in support of the claim that Mr. Onifade’s corpse was deposited in a mortuary.

He also observed that although there was constant reference in the affidavit to the family of the deceased who, he said, would have the necessary information regarding their various interactions with the Police, none of them filed any evidence in support of the incident. He therefore dismissed the claims against the Police for lack of evidence.

He commended the Office of the Attorney-General of Lagos State for upholding the duties of the office by attending court and assisting the court in the matter.

He noted that the explanation by the Attorney-General’s lawyer that the reason a coroner’s inquest was not conducted was because the duplicate of the case file was not forwarded to his office.

According to him, in response to the court’s question on what the Attorney-General did about the matter since being served with the court processes, the lawyer submitted that the Attorney-General is ready to conduct an inquest.

Justice Faji maintained that the Attorney-General is not alleged to have known about the alleged unlawful killing of Mr. Onifade and is also not accused of being involved in the killing but that as stated by MRA, he has a duty to conduct an inquest into the circumstances of the death.

He said:“Indeed, in paragraph 15 of the counter­ affidavit, the 3rd respondent (the Attorney-General) has stated that he would prosecute anyone found to have a prima facie case established against him”.

Justice Faji directed the Attorney-General to take all necessary steps to see to the investigation of the circumstances of the death of Mr. Onifade and to conduct a coroner’s inquest to ascertain the cause of the death as well as identify and prosecute those responsible for his death.

admin by — August 7, 2024 in Law/Human Rights 0
3 Staff Of Ekiti State Teaching Hospital In Court For Forgery

Mohammed Shosanya

The Independent Corrupt Practices and Other Related Offences Commission (ICPC),has arraigned three staff members of Ekiti State Teaching Hospital over allegations of forgery and deceits.

A statement by Demola Bakare, Ag. Director, Public Enlightenment and Education and Spokesperson for the Commission indicated that, the three-staff members, Mr. Fatuki Adebayo Paul, Mr. Babalola Idris Adebayo and Mr. Afolayan David Ayodele were arraigned before Justice Lekan Ogunmoye of the Ekiti State High Court on Wednesday.

In a charge number: HAD/02ICPC/2024,ICPCarraigned the trio on a six-counts charge bordering on forgery of a document contrary to and punishable under Section 467 of the Criminal Code Act Cap C28 LFN 2004, and knowingly and corruptly giving a document with false information with intent to deceive the principal, contrary and punishable under Section 17(1)(c) of the Corrupt Practices and Other Related Offences Act, 2000.

The three defendants, however, pleaded not guilty when the charges were read to them.

Counsel for the defendants, Mr. Rotimi Adabembe and Mr. Busayo Sule separately prayed to the court to grant their clients bail on liberal terms, having entered the not guilty plea.

Counsel to the ICPC, Mr. Kehinde Adetoye did not oppose the bail applications filed.

Justice Ogunmoye granted the defendants to bail in sum of two million naira and two sureties in like sum, one of whom must hold a directorial position within the Ekiti State Government and evidence of their residence within the jurisdiction must be confirmed.

admin by — July 21, 2024 in Law/Human Rights 0