Falana Sues Army Staff, Others Over Extra-Judicial Killing Of Police Officer

Human rights lawyer, Femi Falana (SAN) 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”.

Joined in the suit as respondents are 10 other army officers.

The suit was filed on Thursday on behalf of Mrs 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.

Mrs 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.”

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 Ota in Ogun State and the wife of Inspector Monday Orukpe who was gruesomely murdered by the agents of the 1st Respondent.

“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.

“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.

“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.

“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.

“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.

“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.

“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:

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.

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.

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

No date has been fixed for the hearing of the suit.