A Federal High Court in Lagos has ordered the Lagos State government to ensure a thorough investigation into the death of Pelumi Onifade, a 20-year reporter with Gboah TV, an online television channel.
Onifade was arrested by officers attached to a Lagos state task force while covering the #EndSARS protests in 2020, and later found dead at a mortuary in Ikorodu in Lagos, where his body had been deposited.
The state government was also ordered to conduct a coroner’s inquest to ascertain the cause of the reporter’s death, as well as identify and prosecute those responsible.
In a suit filed against the Police and the Lagos State government by Media Rights Agenda (MRA), an organisation that promotes media freedom, Justice Ayokunle Olayinka Faji, the presiding judge, faulted the state government’s chief law officer for conducting an inquest without a duplicate of the case-file.
The judge 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.
Although 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, the judge noted that none of the facts in MRA’s affidavit was denied by the Attorney-General who only raised an issue of law. He added that in the course of oral arguments, the attorney-general’s counsel also only chose to conduct just an inquest.
Charles Musa, a Lagos-based lawyer, had filed an originating summons on August 4, 2021, on behalf of MRA. The suit had been filed 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 organisation had asked the court to declare that:
(a) 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, was 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.
(b) Onifade’s arrest and unlawful restriction of his liberty by agents of the COP and the IGP on October 24, 2020 was 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.
(c) 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
(d) 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 that surrounded Onifade’s death. The organisation also urged the court to direct the state to conduct a coroner’s inquest to ascertain the cause of the journalist’s death; and to also identify and prosecute those responsible for his death.
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During the ruling, the judge pointed out that both the COP and the IGP did not file any response despite being served with the originating summons and other processes in the suit.
He noted that John Gbadamosi, MRA’s Programmes Officer who deposed to the affidavit in support of the suit, did not witness any of the facts relevant to the matter. He added that there was also no documentation in support of the claim that Onifade’s corpse was deposited in a mortuary.
Justice Faji also observed that although there was constant reference in the affidavit to the family of the deceased, who would have had 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.
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Though the judge 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 faulted the explanation given 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.
Justice Faji stressed that the Attorney-General was not alleged to have known about the alleged unlawful killing Onifade and was also not accused of being involved in the killing. And that as stated by MRA, he had a duty to conduct an inquest into the circumstances of the death.
“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,” the judge said.
Justice Faji therefore directed the Attorney-General to take all necessary steps to see to the investigation of the circumstances of the death of 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.
For further information, please contact:
Idowu Adewale
Communications Officer,
Media Rights Agenda
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