Connect with us

News

Extra-judicial Killing: Falana Sues Army Staff, Others Over Murder Of Police Officer

Published

on

Human rights lawyer and Senior Advocate of Nigeria, SAN, Femi Falana, has filed a lawsuit against the Chief of Army Staff over “the extra-judicial killing of Inspector Monday Orukpe at the Trade Fair section of the Lagos-Badagry Expressway Area of Lagos State in August 2022 in the course of his official duties.”

10 other army officers, joined in the suit as respondents.

The suit was filed on Thursday on behalf of Favour Monday for the enforcement of her husband’s fundamental human rights to life, the dignity of the human person, private and family life and presumption of innocence.

Advertisement

Monday has four children with Inspector Monday Orukpe: Divine Monday (15 years old), Emmanuel Monday (12 years old), Praise Monday and Covenant Monday (one year old).

In the suit, Falana is arguing that “It is clear beyond doubt that the deceased’s fundamental rights have been grossly violated and on the strength of the facts and exhibits contained in the affidavit in support, the legal argument canvassed in this suit”.

Falana noted that, “A man should be allowed to thread Nigeria soil and breathe Nigeria air until the Court finds him unworthy to so do. The Respondent’s agents have no right to sniff life out of the deceased extra-judicially as they have done in this case.”

Advertisement

The suit partly reads, “We graciously pray my Lord to so hold and grant the reliefs as sought in the statement accompanying this application. On the whole, we urge your Lordship to find that this application has merit and in finding as such make the declarations and orders sought herein.

“The Applicant is a Nigerian, a resident of Ota in Ogun State and the wife of Inspector Monday Orukpe who was gruesomely murdered by the agents of the 1st Respondent.

READ ALSO: Falana Gives CBN 7-day Ultimatum, Requests Details Of New Naira Notes

Advertisement

“The deceased; Inspector Monday Orukpe was an inspector of police with the Trade Fair Police Divisional Headquarters of the Lagos State Police Command murdered on August 3, 2022, along Lagos/Badagry Expressway, Lagos while carrying out his official duties as a police officer.

“The deceased; Inspector Monday Orukpe was entitled to his right to life, the dignity of his person, fair hearing and presumption of innocence guaranteed by Sections 33, 34 and 36 (1) and (5) of Nigeria (As Amended) and Articles 4, 5 and 7 of the African Charter on Human and Peoples Rights (CAP A10) LFN 2004.

“The extra-judicial killing of the Applicant’s husband: Inspector Monday Orukpe by armed agents of the 1st Respondent at the Lagos/Badagry Expressway of Lagos State on Wednesday, August 3, 2022, violates the deceased’s fundamental right to life guaranteed by Section 33 (1) of the Constitution of the Federal Republic of Nigeria (FRN) 1999 (As Amended) and Article 4 of the African Charter of Human and Peoples Rights.

Advertisement

“The brutalization and indiscriminate killing of the Applicant’s husband; Inspector Monday Orukpe by the Respondents at the Lagos/Badagry Expressway of Lagos State on Wednesday, August 3, 2022, is wrongful, oppressive, illegal, unlawful, unconstitutional, null and void as it violates the deceased’s fundamental right to the dignity of the human person.

“The extra-judicial murder of the Applicant’s husband; Inspector Monday Orukpe by the Respondents at the Lagos/Badagry Expressway of Lagos State on Wednesday, August 3, 2022, is wrongful, oppressive, illegal, unlawful, unconstitutional, null and void as it violates the deceased’s fundamental right to fair hearing and presumption of innocence.

“The extra-judicial killing of the Applicant’s husband; Inspector Monday Orukpe by the Respondents at the Lagos/Badagry Expressway of Lagos State on Wednesday, August 3, 2022 is wrongful, oppressive, illegal, unlawful, unconstitutional, null and void as it violates the fundamental right to private and family life of the deceased, the Applicant and their children.

Advertisement

“The Applicant is entitled to an order of this Honourable Court mandating the Respondents to set up a special education fund of not less than N100,000,000 (One Hundred Million Naira) through the registry of this Honourable Court in favour of the children of late Inspector Monday Orukpe and the Applicant, sufficient to cater for their educational needs from primary school to University in any educational institution she may wish to attend.

READ ALSO: DSS Quietly Declared Emefiele Wanted – Femi Falana

“The Applicant is entitled to an order of this Honourable Court compelling the Respondents to jointly and severally pay to the Applicant the sum of N200, 000,000.00 (Two Hundred Million Naira) as general and aggravated damages for the illegal violation of the fundamental rights to life, the dignity of the person and presumption of innocence of Inspector Monday Orukpe; their breadwinner.

Advertisement

“The Constitution being the grundnorm is Supreme. Section 1 (1) of the 1999 Constitution (As Amended) guarantees in clear terms the supremacy of the Constitution. The provisions of the Constitution have binding force on all authorities and persons throughout the sovereign geographical entity known as Nigeria.

“The 1999 Constitution of Nigeria has in Chapter IV, Sections 33,34, 35, 36, and 37 provided for the right to life, the dignity of a person, fair hearing, the right to presumption of innocence and the right to private and family life respectively.

“In the same vein, Articles 2, 4, 5, 7; (1) (b) & (2) and 18 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act provides for the rights to life, dignity of the human person, fair hearing, presumption of innocence and private and family life respectively.

Advertisement

“The right to human life is the highest in the hierarchy of rights enshrined in the 1999 Constitution of the Federal Republic of Nigeria which explains the reason why same is listed as the first among the fundamental rights encapsulated in Chapter 4 of the Constitution.

“This right once taken away can never be restored save for the award of damages and or other reliefs to assuage the wrong done to the person (s) who has (have) an interest in the continuous existence of the deceased.

“The right to life can never be quantified in terms of monetary damages and the agony/wrong suffered by the society, the deceased and the loved ones of the deceased can never be fully recompensed.

Advertisement

READ ALSO: ‘Why RECs Are Reckless’ —Justice Uwais Report

“The right of the deceased-patriotic and diligent police officer, Inspector Monday Orukpe to private and family life which is entrenched and protected variously in Section 39 of the Nigerian Constitution and Article 18 of the African Charter of Human and Peoples Rights.”

The Applicant is seeking the following reliefs:

Advertisement

“A declaration that the extra-judicial killing of the Applicant’s husband, Inspector Monday Orukpe by the 2nd to 11th Respondents at the Trade Fair section of the Lagos-Badagry Expressway Area of Lagos State on Wednesday, August 3, 2022, is wrongful, unlawful and illegal as it violates the deceased’s fundamental right to life guaranteed by Section 33 of the Constitution of the Federal Republic of Nigeria (FRN) 1999 (As Amended) and Article 4 of the African Charter of Human and Peoples Rights.

“A declaration that the torture and assault of the Applicant’s husband; Inspector Monday Orukpe by the 2nd to 11th Respondents at the Trade Fair section of the Lagos-Badagry Expressway Area of Lagos State on Wednesday, August 3, 2022, is wrongful, unlawful and illegal as it violates the deceased’s fundamental right to the dignity of the human person guaranteed by Section 34 of the Constitution of the Federal Republic of Nigeria (FRN) 1999 (As Amended) and Article 5 of the African Charter of Human and Peoples Rights.

“A declaration that the extra-judicial killing of the Applicant’s husband; Inspector Monday Orukpe by the 2nd to 11th Respondents at the Trade Fair section of the Lagos-Badagry Expressway Area of Lagos State on Wednesday, August 3, 2022, is wrongful, unlawful and illegal as it violates the deceased’s fundamental right to fair hearing and presumption of innocence guaranteed by Section 36 (1), (5)of the Constitution of the Federal Republic of Nigeria (FRN) 1999 (As Amended) and Articles 7 (1) (b) and (2) of the African Charter of Human and Peoples Rights.

Advertisement

“A declaration that the extra-judicial killing of the Applicant’s husband; Inspector Monday Orukpe by the 2nd to 11th Respondents at the Trade Fair section of the Lagos-Badagry Expressway Area of Lagos State on Wednesday, August 3, 2022, is wrongful, oppressive and unlawful as it violates the fundamental human right to private and family life of the deceased, the Applicant and their children guaranteed by Section 37 of the Constitution of the Federal Republic of Nigeria (FRN) 1999 (As Amended) and Article 18 of the African Charter of Human and Peoples Rights.

“An order of this Honourable Court mandating the Respondents to set up a special education fund of not less than N100,000,000 (One Hundred Million Naira) through the registry of this Honourable Court in favour of the children of late Inspector Monday Orukpe and the Applicant, sufficient to cater for their educational needs from primary school to University in any educational institution they may wish to attend.

“An order of this Honourable Court compelling the Respondents to jointly and severally pay to the Applicant the sum of N200,000,000.00 (Two Hundred Million Naira) as general and aggravated damages for the illegal violation of the fundamental rights to life, the dignity of the person and presumption of innocence of Inspector Monday Orukpe; their breadwinner.

Advertisement

“And any other order(s) as the Honourable Court may deem fit to make in the circumstance of the case.”

However, no date has been fixed for the hearing of the suit.

VANGUARD

Advertisement

News

Edo SWAN Distances Self From Online Publication Against Enabulele

Published

on

…demands retraction, warns member against unverified publication

The Sports Writers Association of Nigeria (SWAN), Edo State Chapter, has distanced itself from an online publication titled: ‘Samuel Ogbemudia Stadium Shut Against Stephen Keshi.’

A statement signed by the Secretary of the association, Comrade Idahosa Moses, Edo SWAN said neither was it consulted nor involved in the “framing of the narrative presented by the online publication.”

Edo SWAN described the publication as misleading, sensational and grossly lacking in factual balance.

Advertisement

The statement partly reads: “SWAN finds the report inconsistent with the ethical standards and core values of the journalism profession.

READ ALSO:SWAN Orders Nationwide Boycott Of NFF Activities

“While Edo SWAN recognises and respects the sentiments expressed by Mr. Austin Popo, Secretary of the Board of Trustees of the Stephen Keshi Football and Vocational Training Centre (SKFTVC), concerning the challenges encountered in securing the use of the Samuel Ogbemudia Stadium for this year’s Stephen Keshi Memorial National Under-17 Soccer Tournament, it is imperative to state that such concerns should not be reported in a manner that imputes motives, assigns blame without verification, or portrays public officials as acting in bad faith.”

Advertisement

On allegations against the Executive Chairman of the Edo State Sports Commission, Hon. Amadin Desmond Enabulele, in the publication, SWAN described Enabulele as a “seasoned professional with a proven track record of integrity and dedicated service to sports development in Edo State.”

Any insinuation that he or the Commission deliberately acted to undermine the memory and legacy of the late Stephen Okechukwu Keshi is not only unfair but also unsupported by verifiable facts.”

Edo SWAN, therefore, “strongly cautions the publisher of Popular News to desist from publishing unverified and inflammatory reports capable of misleading the public and damaging reputations.”

Advertisement

READ ALSO:Botswana’s New President Sworn In As Voters Kick Out Ruling Party Of Nearly Six Decades

The Association formally demands that the controversial publication be withdrawn immediately and that an unreserved apology be tendered to Hon. Amadin Desmond Enabulele.”

SWAN further “extends its sincere apologies to the Chairman of the Edo State Sports Commission, who is also a Patron of the Edo SWAN Chapter, for any embarrassment or misrepresentation arising from the said publication, and assures him of its continued respect, support and cooperation.”

Advertisement

Edo SWAN, while stating that it “shares in the collective responsibility of preserving and honouring the legacy of the late Stephen Keshi—a national icon whose contributions to Nigerian football remain indelible—the Association, maintained that “this noble course must be pursued through constructive engagement, professionalism and mutual respect among all stakeholders.”

Edo SWAN, thereafter, warned “all sports writers in the state to avoid unverifiable reports and sensationalism, stressing that any member found culpable of professional misconduct will be decisively sanctioned in line with the Association’s statutes.”

Advertisement
Continue Reading

News

Court Dissolves Petitioner’s Marriage Over Lack Of Love, Care

Published

on

An Area Court sitting at Centre-Igboro, Ilorin in Kwara State, on Thursday, dissolved the four-year-old marriage between Aminat Mustapha and Wahab Adeshina, following the petitioner’s insistence.

The petitioner told the court that she was no longer interested in her marriage to her husband following claims of lack of love and care.

According to the News Agency of Nigeria (NAN), while delivering ruling, the presiding judge, Mr Toyin Aluko, held that the respondent had written to the court, accepting the divorce application made by his wife.

Advertisement

READ ALSO:Why I Charged My Husband Money For Sex —Woman

Aluko, consequently, dissolved the marriage between the parties, and ordered the woman to observe one month iddah (waiting period) before she could remarry.

Meanwhile, the court granted custody of the two children in the marriage, ages one and three, to their mother.

Advertisement

He ordered the father to pay a monthly sum of N20,000 for the children’s feeding and maintenance.

The court also held that the respondent will be responsible for their education and healthcare.

Again, the court held that the father has unrestricted access to his children, but at reasonable time adding that he should be notified before any decision is taken on his children.

Advertisement

The judge ordered the petitioner to get a copy of the judgment and send same to the respondent.

Continue Reading

News

Tinubu Embarks On Three-state Visit

Published

on

President Bola Ahmed Tinubu will depart Abuja on Saturday on a working visit to Borno, Bauchi and Lagos.

This is contained in a statement issued by Presidential Spokesperson, Mr Bayo Onanuga, on Friday in Abuja.

While in Borno, the President will commission projects executed by the Borno State Government under Gov. Babagana Zulum, in collaboration with the Federal Government.

Advertisement

He will also attend the wedding ceremony of Sadeeq Sheriff, son of former Borno Governor, Sen. Ali Modu Sheriff, and his bride, Hadiza Kam Salem.

READ ALSO:Ambassadorial Nominees: Ndume Asks Tinubu To Withdraw List

From Maiduguri, Tinubu will proceed to Bauchi State to condole with the state government and the family of Sheikh Dahiru Bauchi, the renowned Islamic cleric and leader of the Tijjaniyya Muslim Brotherhood.

Advertisement

Sheikh Dahiru Bauchi died on Nov. 27.

After the condolence visit, the President will travel to Lagos, where he will spend the end-of-year holidays.

During his stay in Lagos, Tinubu is expected to attend several engagements, including the Eyo Festival scheduled for Dec. 27.

Advertisement

The festival, to be held at Tafawa Balewa Square, will honour notable personalities, including the President’s late mother, Alhaja Abibatu Mogaji, former Lagos State governors Alhaji Lateef Jakande and Chief Michael Otedola.

Continue Reading

Trending