Mrs. Favour Monday, wife of the police officer, Inspector Monday Orukpe gruesomely murdered from the torture he suffered from some military officers in Trade Fair section of the Lagos-Badagry Expressway Area of Lagos August last year have sued the Army, claiming a N300 Million damages for the illegal violation of the fundamental rights to life of their breadwinner.
In an originating motion filed before the Federal High Court, Lagos by Femi Falana chambers on behalf of the deceased family, they are praying the court among other things to declare that the extra-judicial killing of the Applicant’s husband, Inspector Monday Orukpe by the defendants 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 rights 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.”
Joined as Respondents in the suit are
the Chief of Army Staff, PTE Akinyemi Nasirudeen, PTE Nnam Joshua, PTE Umaru Ibrahim, PTE Lawal Sulaiman, LCPL Yinusa Salihu, PTE Kamilu Isah, L/CPL Mimoth Abuse, PTE Ojegbile Nathaniel, PTE Imasuen Ehichiova, and Staff Sergeant Musa Peter.
The motion was brought pursuant to Order 1, Rules 2, 3,4 &5 of the Fundamental Rights (Enforcement Procedure) Rules, 2009 and Sections 33, 35, 36, 37, 40, 41 & 46(1) &(2) or the Constitution of the Federal Republic of Nigeria, 1999 as amended as well as Articles 4,5,6,11&12(1) of the African Charter on Humans and People Rights,(Ratification And Enforcement) Act LFN, 2010 and Order 11, Order xi and xii of the Fundamental Right (Enforcement Procedure) Rules, 2009.
In the suit, the Applicant was praying the court to declare that, “the torture and assault of the Applicants 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.”
Besides, the Applicant is praying for a declaration “that the extra-judicial killing of the Applicants 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.”
She equally prayed the Court for a declaration that “the extra-judicial killing of the Applicant’s husband; on 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.”
Subsequently, the Applicant urged the Honorable Court to grant an order “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.”
Apart from this, she was praying the court for an order “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.”
The Applicant argued in her motion paper that her suit is predicated upon the grounds that her deceased husband; Inspector Monday Orukpe “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.”
She further argued that the extra-judicial killing of her husband by armed agents of the 1st Respondent at the Lagos/Badagry Expressway of Lagos State on that fateful day violates his 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.
She noted that “the brutalization and indiscriminate killing of the Applicants 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 guaranteed under Section 34 of the Constitution of the Federal Republic of Nigeria (FRN) 1999 (As Amended), Article 5 of United Nations Declaration of Human Rights and Article 5 of the African Charter of Human and Peoples Rights.”
She therefore prayed the court to hold that the extra-judicial murder of the police officer by the Respondents “is wrongful, oppressive, illegal, unlawful, unconstitutional, null and void 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), Articles 10 and 11 of United Nations Declaration of Human Rights and Articles 7 (1) (b) and (2) of the African Charter of Human and Peoples Rights.”
She added that the extra-judicial killing of her husband; Inspector Orukpe by the Respondents 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 guaranteed under Section 37 of the Constitution of the Federal Republic of Nigeria (FRN) 1999 (As Amended), Articles 12 and 16 (3) of United Nations Declaration of Human Rights and Article 18 of the African Charter of Human and Peoples Rights.”
She therefore submitted that she is entitled to the court order 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 the Court in favour of the children of the late police officer late Inspector and the Applicant, which will be sufficient to cater for their educational needs from primary school to University in any educational institution they may wish to attend.
Also it was submitted that the family members are entitled to an order 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, dignity of the person and presumption of innocence of the late Inspector Orukpe; their breadwinner.
No date has been fixed for the hearing of the suit.
