Court orders Lagos govt to investigate journalist’s death, prosecute killers

A Federal High Court in Lagos has ordered the Lagos State government to investigate the death of 20-year-old reporter Pelumi Onifade, who was arrested by the police during the #EndSARS protests in 2020 and later found dead at a morgue in Ikorodu.

In his ruling, Justice Ayokunle Faji of the Federal High Court ordered the state government to conduct an autopsy to ascertain the cause of Mr Onifade’s death, identify and prosecute those responsible.

In a statement, Idowu Adewale, Communications Officer of the Media Rights Agenda, said the court also ordered the Attorney General to take necessary steps to investigate the circumstances surrounding the journalist’s death.

A preliminary summons was filed on August 4, 2021 by Lagos-based lawyer Charles Moses Media rights agenda (MRA), the Lagos State Commissioner of Police (COP), the Inspector General of Police (IGP) and the Attorney General of Lagos State.

At the trial, the court dismissed some claims against the police due to lack of evidence, but said the attorney general would have to investigate the circumstances of the death.

Among other demands, MRA approached the court to declare that the shooting death of late Onifade at Oko Oba in Agege Local Government Area of ​​Lagos State by agents of the COP and IGP on October 24, 2020 was unconstitutional and a gross violation of his fundamental rights guaranteed by Section 33 of the 1999 Constitution (as amended) and Article 4 of the African Charter on Human and Peoples’ Rights (Upholding and Enforcement) Act (Cap A9) Law, 2004.

It urged the court to declare that the arrest of the late Onifade and the subsequent restriction or unlawful restriction of his liberty by agents of the COP and IGP on the same date while on duty was unconstitutional and a gross violation of his fundamental rights guaranteed by sections 35, 39 and 46(1) of the 1999 Constitution and articles 5 and 9 of the African Charter.

It sought the court to declare that the constitutional and statutory duties of the respondents do not include the illegal detention of innocent persons who have not been charged in court or found guilty of any offence by any competent court in Nigeria.

It asked the court to establish that the Commissioner of Police and the IGP have a duty to investigate the offences committed against Mr Onifade, a journalist, who was exercising his right to freedom of expression guaranteed under sections 33 and 39 of the Constitution and articles 4 and 9 of the African Charter.

MRA also requested the court to issue three orders directing the respondents to commence a transparent, impartial and independent investigation into the circumstances of the death of Mr. Onifade, whose body was found at a mortuary in Lagos; to conduct a coroner’s inquest to ascertain the cause of his death; and to identify and prosecute those responsible for his death.

In his ruling, Mr Faji pointed out that although the Commissioner of Police and the IGP had been issued with summons and other processes relating to the case, they had not filed any response.

He said MRA Programme Officer John Gbadamosi, who submitted an affidavit in support of the suit, did not produce any facts relevant to the case. He also said there was no document to support the claim that Mr Onifade’s body was deposited at the mortuary.

Mr Faji said that although the affidavit repeatedly mentioned the family of the deceased, who would have the necessary information about his various interactions with the police, none of them produced any evidence in support of the incident. He therefore dismissed the claims against the police for lack of evidence.

Though the judge commended the office of the Attorney General of Lagos State for discharging its duties by attending court and assisting the court in the matter, he also noted the explanation given by the Attorney General’s counsel that the reason why the coroner’s inquest was not conducted was because a copy of the case file had not been sent to his office.

According to him, when asked by the court what the Attorney General did in the matter after the court process, the lawyer said the Attorney General was ready to conduct an investigation.

Mr Faji emphasised that the Attorney General is not accused of knowing about the alleged unlawful killing of the late Onifade and he is also not accused of being involved in the killing but as stated by the MRA, he has a duty to investigate the circumstances of the death.

“In fact, in paragraph 15 of the counter affidavit, the third respondent (Attorney General) has stated that he would prosecute any person if a prima facie case is found against him,” he said.

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The late Onifade was a second year student of the Department of History at the Tai Solarin University of Education, Ogun State, and was then a reporter with an online television channel, Gboa TV.

He was covering the #EndSARS protests in Lagos before he was arrested by officers of the Lagos State Taskforce on 24 October 2020.

His body was later found at a mortuary in Ikorodu, raising concerns about police brutality and the safety of journalists in Nigeria.