The Lagos Division of Court of Appeal has set aside the ruling of the state High Court which struck out charges against the Police over the alleged extra-judicial killing of four Ladipo Market traders on July 21, 2001.
The ‘murdered’ traders are: Anthony Ezenwafor, Chukwuemeka Ezeofor, Izuchukwu Ezeama, and Aloysius Osigwe.
A three-man panel of the court ordered the Lagos State High Court to resume hearing of the N4 billion fundamental right enforcement suit, noting that the Police and others have a case to answer.
Delivering the lead judgment, Justice Jamilu Tukur, barred lower court judge, Justice Oyindamola Ogala, from continuing to preside over the suit.
Justice Tukur held that it is clear that the action before the lower court was properly brought under the auspices of the FREP Rules because it was brought by an association (of Ladipo Market traders) for the purpose of enforcing the right of its members that had been breached.
“It is against this background that I resolve the lone issue in favour of the appellants. The appeal is meritorious and same is allowed by me.
“The ruling of the lower court delivered on 9th March, 2015 in Suit No. LD/354MFHR/2014 is hereby set aside.”
Other panel members are Justice Obande Festus Ogbuinya and Justice Balikisu Bello Aliyu.
The Inspector-General of Police (IGP) and 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, are defendants in the suit.
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