Lagos High Court to commence retrial of N4b suit over killing of four Ekwulobia youth by police
Ayodele Olalere
Justice Sule Amzat of a Lagos High Court sitting in Yaba will, on Wednesday, May 4, commence retrial in the case of the four Ekwulobia youth killed by the police on July 1, 2001, in Surulere, Lagos.
The Appeal court in Lagos had ordered for a retrial of the matter following an appeal filed against the ruling of a lower court which had struck out the case.
At the last sitting which came up on March 29, the court asked the defendants to serve the respondents.
The case which had come to be known as Ekwulobia Four, was first heard by Justice Oluwatoyin Ogala of an Igbosere High Court. It was brought before the court by Akaraka Ezeonara, Chris Okpara, Remigus Ezenwane and Ifeanyi Okoye on behalf of the slain youths.
It was filed against the Inspector General of Police, Attorney General of the Federation, Attorney General of Lagos State, Commissioner of Police, Lagos State, Chief Marvelous Akpoyibo, then of Area C Police Command, Surulere, and the Divisional Police Officer, Surulere,as respondents.
The defendants had sought a declaration that the killing of the youths was unconstitutional, extra judicial, illegal and infringement on right to life , liberty and dignity.
They had argued that the killing was an infringement on the fundamental human rights of the victims and sought for the payment of N4billion as damages and compensations to the families of the deceased.
However, in her ruling, Justice Ogala had struck out the case on the ground that the defendants could not act on behalf of the victims by demanding for the enforcement of fundamental rights of the deceased.
The defendants later appealed the ruling, asking the appeal court to ‘determine whether the lower court was right to have denied the appellants redress under the fundamental right rules.’
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In its ruling, the appeal court set aside the ruling of the lower court. It held that the defendants were right to have asked for the fundamental right of the deceased.
The three man panel resolved that “no man’s life ought to be taken arbitrarily and this basic right was given the status of a fundamental right by its entrenchment in the 1999 constitution of Nigeria.’
The upper court therefore asked for retrial of the matter by the lower court.
The slain youths Anthony Ezenwafor , Chukwuemeka Ezeofor, Izuchukwu Ezeama and Aloysius Osigwe, who were traders at the Ladipo market, were killed by the police attached to Area C Police Command on July 21, 2001 at their Surulere residence on allegations they were working as armed robbers for their boss.
However, investigation by the police did not find any evidence to support the allegations .
