Onifade, who was covering the #EndSARS protests in 2020, was reportedly arrested by Lagos state task force officers and later found dead at a mortuary in Ikorodu, Lagos.
A Federal High Court in Lagos State has directed the Lagos State government to investigate the death of Mr. Pelumi Onifade, a 20-year-old reporter with Gboah TV.
Onifade, who was covering the #EndSARS protests in 2020, was reportedly arrested by Lagos state task force officers and later found dead at a mortuary in Ikorodu, Lagos.
The court has also mandated a coroner's inquest to determine the cause of Onifade's death and to identify and prosecute those responsible.
In a judgment on a suit brought by Media Rights Agenda (MRA) against the Police and Lagos State Government, Justice Ayokunle Olayinka Faji ruled that while the Attorney-General cannot conduct an inquest without a duplicate of the case file, Lagos State’s Administration of Criminal Justice Law (ACJL) grants the Attorney-General the authority to request such a file from the Commissioner of Police.
Although the court dismissed five claims made by MRA against the Police due to lack of supporting evidence, Justice Faji noted that the Attorney-General did not refute any facts in MRA's affidavit and only raised a legal issue.
The Attorney-General's counsel also committed to conducting an inquest during oral arguments.
Mr. Charles Musa, a Lagos-based lawyer recently nominated for the rank of Senior Advocate of Nigeria (SAN), filed the originating summons on August 4, 2021, on behalf of MRA against the Lagos State Commissioner of Police (COP), the Inspector-General of Police (IGP), and the Attorney-General of Lagos State.
"The suit, citing various constitutional and international human rights provisions, seeks declarations that:
- The shooting of Mr. Onifade by agents of the COP and IGP on October 24, 2020, during his journalistic work was unconstitutional and a severe violation of his fundamental rights.
- Mr. Onifade’s arrest and unlawful detention by the COP and IGP were unconstitutional and a grave infringement of his rights.
- The duties of the respondents do not extend to unlawful detention of individuals not charged or convicted by a court.
- The COP and IGP are obligated to investigate crimes against journalists exercising their right to freedom of expression."
MRA also requested three court orders: for a transparent and impartial investigation into Onifade's death, a coroner’s inquest to determine the cause of death, and the identification and prosecution of those responsible.
Justice Faji noted that while the COP and IGP were served with the summons and other documents, they did not respond.
He also pointed out that MRA’s affidavit lacked evidence from eyewitnesses or documentation regarding the mortuary deposit.
Although the affidavit frequently mentioned the deceased's family, no family member provided supporting evidence.
Consequently, the court dismissed the claims against the police due to insufficient evidence.
Justice Faji acknowledged the Attorney-General’s Office for fulfilling its duties by attending court and assisting with the case but criticised the lack of the coroner's inquest due to the missing case file duplicate.
He emphasised that the Attorney-General, while not implicated in the alleged unlawful killing, has a duty to conduct an inquest.
He concluded by directing the Attorney-General to ensure a thorough investigation into Mr. Onifade's death, conduct a coroner's inquest, and prosecute those responsible.