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Falana files lawsuit against Army Chief for allegedly killing police officer

Femi Falana

Human rights lawyer, Femi Falana (SAN), on Thursday, instituted a lawsuit against Farouk Yahaya, Chief of Army Staff.

This was 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.

On behalf of Mrs. Favour Monday, the lawsuit was filed on Thursday to protect her husband’s fundamental rights to life, the dignity of the human person, private and family life, and the presumption of innocence.

Divine Monday (age 15), Emmanuel Monday (age 12), Praise Monday, and Covenant Monday (age 1) are Mrs. Monday’s four children with Inspector Monday Orukpe.

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 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.”

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