Ayodele Olalere
Justice O. Sule-Amzat of a Lagos High Court, Yaba has fixed October 21,2022 for definite hearing of a suit filed by a human right activist, Mr. Akaraka Chinwe Ezeonara over alleged murder of four Ladipo market traders allegedly killed by the Police.
The case has come to be known as Ekwulobia Four.
Ezeonara, Chris Okpara; Remigus Ezenwane and Ifeanyi Okoye had on March 27, 2014 instituted N4billon fundamental right enforcement suit against Inspector-General of Police (IGP), a former Commissioner of Police in Lagos, AIG Marvelous Akpoyibo (retired), Attorney-General of the Federation (AGF), Attorney-General of Lagos State, Commissioner of Police, Lagos State and Divisional Police Officer, Aguda over alleged extra-judicial killing of four Ladipo market traders.
The traders; Anthony Ezenwafor, Chukwuemeka Ezeofor, Izuchukwu Ezeama, and Aloysius Osigwe were allegedly killed by the police on July 21, 2001.
At the resumed hearing of the case, the claimant counsel, Modupe Omo-Ekpadi from Falana and Falana Chambers informed the court that all the respondents have been served the hearing notice, but she was surprised that they were not in court.
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The judge had sometime in June ordered that hearing notice be issued to the Nigerian Police and others in the suit before fixing September 27 for hearing, but the matter could not go on due to new legal year activities.
Following the absence of all the respondents counsel in court, Justice Sule- Amzat therefore ordered that a definite hearing notice be issued to them and subsequently adjourned to October 31, 2022.
It would be recalled that the case file was returned from the Court of Appeal for High Court to hear the suit denovo.
The appellate court had ordered in a judgment that the High Court should hear the suit following the dismissal of the suit by Justice Oyindamola Ogala.
Justice Ogala had in a ruling dismissed the application, she held that the right to life of the deceased person could not have been commenced by the applicants on behalf of the deceased persons.
Dissatisfied with the ruling, applicants through their counsel, Mrs. Funmi Falana filed an appeal.
The Court of Appeal in a judgment held that, it is clear that the action before the lower court was properly brought under the auspices of the Fundamental Rights Enforcement Procedure Rules because it was brought by an association for the purpose of enforcing the right of its members that had been breached.
However, Justice Sule-Amzat therefore ordered that parties in the suit be served with the hearing notice and she subsequently adjourned hearing to October 31, 2022.