Falana Sues COAS, Others Over Extra-Judicial Killing Of Policeman

Femi Falana, the famous Nigerian human rights lawyer and Senior Advocate of Nigeria, has filed a lawsuit against the Chief of Army, Lieutenant General Faruk Yahaya.

He filed a lawsuit against them over the extra-judicial killing of a policeman, Inspector Orukpe Monday, by armed personnel of the Nigerian Army in August 2022.

According to Falana, the late Inspector Monday was killed at the Trade Fair section of the Lagos-Badagry Expressway area of Lagos State, on August 3, 2022, in the course of his official duties.

Joined in the suit as respondents are 10 other Nigerian Army officers, The PUNCH exclusively gathered.

The suit was filed on Thursday, May 25, on behalf of Mrs Favour Monday, for the enforcement of her late husband’s fundamental human rights to life, the dignity of the human person, private and family life and presumption of innocence.

The PUNCH reports that Mrs Monday had four children – Divine Monday, 15, Emmanuel Monday, 12, Praise Monday, and Covenant Monday who is one year old, with the late Inspector Monday.

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

The suit read in part, “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 Otta in Ogun State and the wife of Inspector Orukpe Monday, who was gruesomely murdered by the agents of the first respondent.

“The deceased, Inspector Monday was an Inspector of the 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 was entitled to his right to life, 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  by armed agents of the first 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.”

“The brutalisation and indiscriminate killing of the applicant’s husband, Inspector Monday 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 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 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.”

Deceased Inspector’s family demand N300m compensation 

The SAN further asked the court to declare the torture and extra-judicial killing of the deceased, illegal and unlawful, while seeking an order of the court to mandate the respondents to pay a total sum of N300 million in compensation.

Falana said, “The applicant is seeking an order mandating the respondents to set up a special education fund of not less than N100million 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 compelling the Respondents to jointly and severally pay to the applicant the sum of N200million 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, their breadwinner. And any other orders as the court may deem fit to make in the circumstance of the case.”