LawPavilion Online


Back

MRS. PRECIOUS OMONYAHUY & ORS v. THE INSPECTOR-GENERAL OF POLICE & ORS

(2015) LPELR-25581(CA)

In The Court of Appeal of Nigeria

On Tuesday, the 28th day of July, 2015

CA/L/493/13


Before Their Lordships

AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria

SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria

JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria


Between

1. MRS. PRECIOUS OMONYAHUY
2. MR. MIKE OMONYAHUY
3. MR. SEGUN AMUSA
4. MR. SAHEED OKEWOLE - Appellant(s)

AND

1. THE INSPECTOR-GENERAL OF POLICE
2. THE COMMISSIONER OF POLICE, LAGOS STATE
3. ATTORNEY-GENERAL OF THE FEDERATION
4. INSPECTOR NIYI OLADAPO
5. INSPECTOR ADENIJI OLADAPO
6. CORPORAL SMART - Respondent(s)


Summary

This matter is based on Constitutional Law with reference to Constitutional right to life of a deceased. This Appeal involves a matter brought pursuant to the Fundamental Rights (Enforcement Procedure) Rules 2009, in respect of two members of staff of Multiple Covenant Investment Ltd., Endurance Omonyahuy [Chief Driver] and Sikiru Amusa [Assistant Driver] who were killed by the 4th Respondent, at a Roadblock/Checkpoint along Lasu/Igando Expressway, on 15/2/2012. The 4th Appellant was their Supervisor, and after they were shot and killed, allegedly as armed robbers, the Policemen intercepted his telephone calls to the deceased men, and arrested and detained him at their Police Station. The 1st and 2nd Appellants, i.e. wife and father of the deceased Chief Driver respectively, the 3rd Appellant, who is the father of the deceased Assistant Driver, and the 4th Appellant filed the Application that led to this Appeal being dissatisfied with the decision of the lower court. In their brief, they distilled the following Issues for Determination- 1. Whether the learned trial Judge was right in holding that the alleged infractions of rights of the Appellants, which are all guaranteed, protected and provided for under Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 [as amended], and sought to be redressed by the prescribed Originating Process brought by the Appellants was an action founded under a criminal offence of murder that cannot be brought under the Fundamental Right Enforcement Procedure Rules 2009. 2. Whether the right to privacy, right to personal liberty and right to dignity of human persons are not substantive or main fundamental rights on their own right. The 1st set of Respondents, however, submitted in their Brief that the Issues that call for determination are as follows - i. Whether the Lower Court was not right in dismissing the Appellants' Application having found same to have been wrongly commenced by/or under the Fundamental Human Rights (Enforcement Procedure) Rules, 2009. ii. Whether the Appellants can succeed in the Application for the enforcement of fundamental rights in relation to the alleged killing/Murder of one Mr. Endurance Omonyahuy and Mr. Sikiru Amusa both (deceased), being a violation of their rights to life as guaranteed under Section 33 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 2 and 4 of the African Charter on Human and People's Right (Ratification and Enforcement) Act, 2004 The 3rd Respondent in his Brief formulated a sole Issue for determination by this Court; that is "Whether the Lower Court was not right in dismissing the Appellants' Application on the ground that was wrongly commenced". In the final analysis, the Appeal succeeded and was allowed. The Ruling of the Lower Court delivered on 20/2/2013 was set aside, and the Application was remitted to the Lower Court for hearing before another judge.


Read Full Judgment