A Federal High Court in Lagos has ordered the Lagos State Government to conduct a thorough investigation into the death of Pelumi Onifade, a 20-year-old reporter who was arrested by the police during the #EndSARS protests in 2020 and later found dead in a mortuary.
The court also directed the government to conduct a coroner’s inquest to determine the cause of death and identify those responsible for the journalist’s demise. This ruling was delivered by Justice Ayokunle Olayinka Faji in a suit filed by the Media Rights Agenda (MRA) against the police and the state government.
In a statement by the Communications Officer of MRA, Idowu Adewale, Justice Faji emphasized that the government's Chief Law Officer cannot conduct an inquest without a duplicate of the case file but highlighted that Section 74 of the Administration of Criminal Justice Law of Lagos State empowers the Attorney-General to request a case file from the Commissioner of Police.
While the court dismissed five claims made by the MRA against the police due to lack of evidence, Justice Faji noted that none of the facts in the MRA’s affidavit was denied by the Attorney-General, who only raised an issue of law. Additionally, the Attorney-General's counsel undertook to conduct an inquest during oral arguments.
The suit, filed on August 4, 2021, by Lagos-based lawyer Mr. Charles Musa on behalf of the MRA, named the Lagos State Commissioner of Police, the Inspector-General of Police, and the Attorney-General of Lagos State as respondents. The MRA sought declarations that Onifade’s shooting was unconstitutional and a gross violation of his fundamental rights, and asked the court to order an independent investigation into his death, including a coroner’s inquest and prosecution of those responsible.
Justice Faji pointed out that the police did not respond to the originating summons or other processes in the suit. He also noted that the affidavit in support of the suit, deposed by MRA’s Programme Officer Mr. John Gbadamosi, lacked direct witness testimony and documentation regarding Onifade’s death.
Despite dismissing the claims against the police due to insufficient evidence, the judge commended the Attorney-General's office for its diligence. He acknowledged the Attorney-General’s readiness to conduct an inquest, as stated in the court, and stressed the duty of the Attorney-General to investigate and prosecute anyone found responsible for Onifade’s death.
Justice Faji directed the Attorney-General to take all necessary steps to investigate the circumstances of Onifade’s death, conduct a coroner’s inquest, and prosecute those responsible.
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