Kekemaye and Goodluck Philip sued for damages over Philip Tomi’s death through their guardian, and the deceased’s brother, Mr Harvest Tomi.
The claimants alleged that their father was wrongfully arrested along with three others for robbery and kidnapping on September 13, 2012.
They further claimed in the suit that their father was a timber dealer as of the time of his arrest and was allegedly murdered with others in custody of the Anti-Robbery Squad, Ikeja, on December 7, 2012.
The defendants in the suit are the Lagos State Attorney-General and Commissioner for Justice, Mr Ade Ipaye; the state Commissioner of Police, Mr Umar Manko, Mr Akinmuyisitan Eric (aka Osa), and Supo Terry; the police officer who investigated the case against the deceased and other suspects.
“The claimants state that the second to fourth defendants murdered their late father in cold blood on December 7, 2012, and that the circumstances of his death as alleged on oath by the third defendant (Akinmuyisitan Eric), is a mere fabrication of facts to conceal their dastardly act of unlawfully snuffing out life from their late father,” statement of claim filed by counsel for the claimants, Chief S.W Baidi, read in part.
Among the claimants’ prayers was an order directing the police to release the corpse of the deceased to the family for a befitting burial.
The claimants were also seeking an order awarding N500 million as damages against the second to fourth defendants “for the illegal, unlawful, wrongful and/or negligent and reckless killing of the claimants’ breadwinner.”
Their lawyer argued that the killing constituted a violation of the deceased person’s constitutional right to life under Section 33(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
They are also seeking an order awarding N500,000 “for the burial expenses” of the deceased.
They also wanted the court to order the police to tender public apology and also directed the commissioner of police to “institute criminal proceedings against the second to fourth defendants.”
The police were said to have arrested the deceased along with Urueshe Raymond, Osanomor Austice and Joel Wolomo on September 13, 2012.
The police, however, stated in an affidavit they filed in opposition to an earlier suit filed for the release of Tomi that all the four died in a shootout between their gang members and the police during a visit to their hideout for further investigation.
Justice Oludotun Adefope-Okojie then of the Lagos High Court, Ikeja, had struck out the earlier suit instituted on behalf of the deceased.
Source: Tribune
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