Court Orders Lagos to Probe Killing of Journalist During EndSARS

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 carry out a coroner’s inquest to determine the cause of death and identify those responsible for the journalist’s demise. The judgment was delivered by Justice Ayokunle Olayinka Faji in a suit filed by the Media Rights Agenda (MRA) against the police and the state government. Justice Faji emphasized that the government’s Chief Law Officer “cannot just conduct an inquest without a duplicate of the case file,” but ruled that Section 74 of the Administration of Criminal Justice Law of Lagos State grants the Attorney-General the power to request a case file from the Commissioner of Police. Although the court dismissed five claims made by the MRA against the police due to lack of evidence, Justice Faji noted that the facts in the MRA’s affidavit were not contested by the Attorney-General, who only raised an issue of law. The Attorney-General’s counsel undertook to conduct an inquest during oral arguments.

Lagos-based lawyer Mr. Charles Musa filed an originating summons on August 4, 2021, on behalf of the MRA against the Lagos State Commissioner of Police, the Inspector-General of Police, and the Attorney-General of Lagos State. The MRA sought a declaration that Onifade’s shooting and arrest by police agents on October 24, 2020, in the course of his journalistic work were unconstitutional and a violation of his fundamental rights. The MRA also requested the court to issue three orders: directing the respondents to conduct a transparent, impartial, and independent investigation into Onifade’s death; directing them to conduct a coroner’s inquest; and directing them to identify and prosecute those responsible for his death. Justice Faji pointed out that while the Commissioner of Police and Inspector-General of Police were served with the summons, they did not respond. The judge also noted that the affidavit supporting the suit lacked direct evidence and documentation from Onifade’s family.

Justice Faji commended the Attorney-General's office for its involvement and noted that while there was no evidence of the Attorney-General's knowledge or involvement in Onifade’s killing, there is a duty to conduct an inquest. He directed the Attorney-General to investigate Onifade’s death and conduct a coroner’s inquest to determine the cause of death and identify those responsible.