Again, AGF writes IG over judgment on drivers killed by policeman

The Attorney General of the Federation, Abubakar Malami, says he
has sent a reminder to the Inspector-General of Police over the
judgment ordering the police to pay the families of Endurance
Omonyahuy and Sikiru Amusa, the drivers who were killed by a
policeman in 2012, N200m.

The families of the deceased had petitioned Vice-President Yemi
Osinbajo, accusing the IG and AGF of perverting the course of
justice.

In a letter signed by Mrs Maimuna Shiru on his behalf, Malami
said he would take immediate action as soon as the police
responded.

The letter read in part, “The honourable Attorney General of the
Federation and Minister of Justice is in receipt of your request to
the State House dated October 18, 2018.

“I am directed to inform you that action is being taken on your
request as a final reminder has been sent to the Nigeria Police for
its comments on the issue raised in your aforementioned letter.

“Once a response is received and a decision taken on the matter,
you will be contacted.”

Recall on February 16, 2012 how Omonyahuy and Amusa were killed
on their way to work after refusing to give a bribe to some
policemen.

The slain drivers, who worked for Multiple Covenant Investment
Limited, were on a motorcycle along the LASU-Igando Expressway
heading for work when they were gunned down.

Their killer was later identified as Inspector Niyi Oladapo, who
made a confessional statement at the Igando Police Division where
he was attached to.

Following a petition to then-Inspector-General of Police,
Mohammed Abubakar, their alleged killer faced an orderly room trial
and was subsequently dismissed from the force.

The Lagos State Ministry of Justice headed by Mr Ade Ipaye (now
Osinbajo’s Chief of Staff) instituted criminal charges against
Oladapo at the High Court of Lagos State through Charge No.
LCD/184/2012 in September 2012.

However, when the criminal matter came up before Justice Aishat
Opesanwo of the High Court of Lagos State, the accused was
absent.

It was later revealed that the policeman had escaped from the
custody of the police provost in Lagos State. The case was
subsequently adjourned indefinitely.

Determined to get justice for the slain drivers, lawyer for
their families, Abayomi Sadiku, filed a civil suit against the
police demanding monetary compensation for their families.

However, in a terse ruling delivered on the February 20, 2013,
the trial Judge, Justice Iyabo Kasali, refused the application and
summarily dismissed the same for being criminal in nature.

The matter was taken before the Court of Appeal, Lagos Division,
and in a landmark decision delivered by the court led by Justice
Amina Augie (now Justice of the Supreme Court), the ruling of the
lower court was set aside and the application was sent back to the
lower court to be heard by another Judge.

Consequent upon the said Judgment of the Court of Appeal, the
application was held de novo by Justice Adeniyi Onigbanjo of the
High Court of Lagos State and on May 3, 2016, the judge ordered the
police to pay the families of the slain drivers N200m.

Consequently, on August 31, 2016, their families sought by way
of garnishee proceedings, to enforce the payment of the Judgment
debt of N200, 500, 000 which remained wholly unpaid to the Judgment
creditors.

However, the court ruled that the consent of the AGF was
necessary before the money would be paid.

In the petition signed by Sadiku, it was alleged that rather
than expedite action, the AGF delayed his approval, explaining that
he had written a letter to the IG for comment on the matter.

Sadiku said in the process of waiting, the father of Sikiru
Amusa died from prostate cancer.