Sat. Dec 9th, 2023

Alleged Extra-Judicial Killing: Court Orders Issuance of Hearing Notice On Police

Alleged Extra-Judicial Killing: Court Orders Issuance of Hearing Notice On Police

A Lagos High Court sitting in Yaba, today, ordered that hearing notice be issue to the Nigerian Police and others in the suit filed by a human right activist, Akaraka Chinwe Ezeonara over four Ladipo market traders allegedly killed by the Police.

Justice O. Sule-Amzat ordered that hearing notice be serve on the respondent following the submission by the claimant counsel, Miss Olamide Awakan and the third respondent counsel, Mr. Adewale Russell.

Akaranka Ezeonara, Chris Okpara; Remigus Ezenwane and Ifeanyi Okoye had on March 27, 2014, instituted N4 billion fundamental right enforcement suit against Inspector-General of Police (IGP), a former Commissioner of Police in Lagos, AIG Marvelous Akpoyibo (retired), Attorney-General of the Federation (AGF), Attorney-General of Lagos State, Commissioner of Police, Lagos State and Divisional Police Officer, Aguda over alleged extra-judicial killing of four Ladipo Market traders.

The traders; Anthony Ezenwafor, Chukwuemeka Ezeofor, Izuchukwu Ezeama, and Aloysius Osigwe were allegedly killed by the police are on July 21, 2001.

At the resume hearing of the case today, Awakan from Falana and Falana Chambers told the court that the case file was returned from the Court of Appeal for court to hear the suit. 

She told the court that the Appeal court had ordered in a judgment that the High Court should hear the suit following the dismissal of the suit by Justice Oyindamola Ogala.

Justice Ogala had in a ruling dismissed the application, while ruled that right to life of the deceased person could not have been commenced by the applicants on behalf of the deceased persons.

Dissatisfied with the ruling, applicants through their counsel, Mrs. Funmi Falana filed appeal.

The Court of Appeal in a judgment held that, it is clear that the action before the lower Court was properly brought under the auspices of the Fundamental Rights Enforcement Procedure Rules, because it was brought by an Association for the purpose of enforcing the right of its members that had been breached. 

However, Justice Sule-Amzat therefore ordered that parties in the suit be serve with the hearing notice which should be in the court file before the next adjourn date. 

She subsequently adjourned hearing to September 27, 2022.