A Federal High Court in Lagos has mandated the state government to ensure a thorough investigation into the death of Pelumi Onifade, a 20-year-old reporter for the online channel Gboah TV.
Justice Olayinka Faji ordered the Lagos State Government to conduct a coroner’s inquest to determine the cause of Onifade’s death and to identify and prosecute those responsible.
According to a press statement from Media Rights Agenda’s Communications Officer Idowu Adewale, the court issued these orders while delivering a judgment in a case brought by the non-governmental organization against the police and the Lagos State Government concerning the journalist’s death.
Onifade was reportedly arrested by officers from a Lagos State Task Force while covering the #EndSARS protests in 2020 and was later found dead in a mortuary in Ikorodu, Lagos.
Charles Musa, a Lagos-based lawyer, filed the originating summons on August 4, 2021, on behalf of Media Rights Agenda (MRA) against the Lagos State Commissioner of Police (COP), the Inspector-General of Police (IGP), and the Attorney-General of Lagos State.
The suit, filed under Sections 6(6) and 46(1) as well as 33, 35, and 39 of the 1999 Constitution; Articles 4, 5, and 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, 2004; and Order II Rules 1, 2, 3, 4, and 5 of the Fundamental Rights (Enforcement Procedure) Rules 2009, sought several declarations, including:
– That the shooting of Onifade in Oko Oba, Agege, by agents of the COP and IGP on October 24, 2020, during his journalistic duties, was unconstitutional and violated his fundamental rights under section 33 of the 1999 Constitution and Article 4 of the African Charter.
– That Onifade’s arrest and detention by the same agents on that date was unconstitutional and violated his rights under sections 35, 39, and 46(1) of the Constitution, and Articles 5 and 9 of the African Charter.
– That the respondents’ duties do not include unlawfully detaining innocent individuals without charges or a court finding of guilt.
– That the COP and IGP are obligated to investigate crimes against Onifade, who was exercising his right to freedom of expression.
MRA also requested the court to direct the respondents to conduct a transparent, impartial, and independent investigation into the circumstances of Onifade’s death, to carry out a coroner’s inquest, and to identify and prosecute those responsible.
In his ruling, Justice Faji noted that despite being served with the summons and other legal documents, neither the COP nor the IGP responded. He also pointed out that MRA’s Program Officer John Gbadamosi, who provided the supporting affidavit, did not witness the relevant events and that there was no documentation proving that Onifade’s body was taken to a mortuary. Consequently, the claims against the police were dismissed due to insufficient evidence.
Justice Faji commended the Attorney-General of Lagos State’s office for its participation in the case. However, he noted that the explanation given for the lack of a coroner’s inquest—namely, the failure to forward the case file to the Attorney-General’s office—was insufficient. The Attorney-General’s representative had indicated a willingness to conduct an inquest.
Justice Faji concluded that while the Attorney-General was not implicated in the alleged unlawful killing, the office has a duty to investigate the circumstances of Onifade’s death. He directed the Attorney-General to ensure a thorough investigation, conduct a coroner’s inquest, and prosecute those found responsible.