The Lagos Division of Court of Appeal has ordered the Lagos State High Court to resume hearing of a N4billion fundamental right enforcement suit concerning the alleged extra-judicial killing of four Ladipo Market traders on July 21, 2001.
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.
The ‘murdered’ traders are: Anthony Ezenwafor, Chukwuemeka Ezeofor, Izuchukwu Ezeama, and Aloysius Osigwe.
A three-man panel of the court also barred lower court judge, Justice Oyindamola Ogala, from continuing to preside over the suit, after setting aside the judge’s ruling that struck out the suit against the defendants.
Delivering the lead judgment, Justice Jamilu Tukur held: “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 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, Justice Obande Festus Ogbuinya and Justice Balikisu Bello Aliyu concurred.