A suit seeking fresh investigations into the murder of a late
governorship aspirant in Lagos State, Funsho Williams, was
on Monday reopened before a Federal High Court in Lagos.
The applicant, Bashir Junaid, approached the court again
after the same suit had been struck out on April 29, 2015 by
Justice Rita Ofili-Ajumogobia for want of diligent
prosecution.
The judge however allowed the suit to be returned onto the
cause list after entertaining a fresh motion and argument
from the plaintiff’s counsel, Tunji Adesheye, on Monday.
Junaid, a cemetery attendant, who was arrested and
detained by the police during preliminary investigation into
Williams’ murder, filed the suit seeking a mandamus order
compelling the Inspector General of Police to conduct fresh
investigation with the possibility of a fresh trial.
The applicant, who is seeking N5bn as exemplary damages,
joined a former Governor of Lagos State, Bola Tinubu, and 10
others as the respondents.
Williams, who was strangled to death in his Dolphin Estate
residence, in Ikoyi, Lagos, on July 27, 2006, was a
governorship aspirant on the platform of the Peoples
Democratic Party.
Junaid, in his 48-рaragraph ѕtаtеmеnt of сlаim, alleged that
the police disregarded his freely made statement, which
could have assisted them to know who killed Williams.
He claimed that the concrete evidence that he tendered was
diѕcarded by the Federal Central Invеѕtigаtiоnѕ Dераrtmеnt,
Alagbon, Lagos.
Junaid, who alleged that Tinubu used his influence with the
police to exonerate himself, equally accused the police of
compromise by allegedly allowing the legal adviser to the All
Progressives Congress, Dr. Muiz Banire, to change his
statement after he had been cautioned.
At the Monday’s proceedings, Adesheye informed the court
that in compliance with an earlier order of the court before
the suit was struck out, his client had ensured personal
service of the concurrent writ of summons on the
defendants that were outside the court’s jurisdiction.
The lawyer urged the court to grant the motion seeking to
re-list the suit in the interest of justice, saying the
defendants would not be prejudiced in anyway whatsoever if
the request was granted.
But counsel for the 1st and 4th defendants, Kingson Uwandu,
while opposing Adesheye’s submission, pointed out that the
plaintiff had yet to pay the N25, 000 fine placed on him by
the court when the matter was struck out.
Uwandu said it was improper for the plaintiff, who had failed
to comply with an order of the court, to turn around seeking
a favour from the same court.
But when probed by the court on when the order for the
payment of the N25, 000 fine was made against the plaintiff,
Uwandu said he could not remember because he was not
with the case file.
Ofili-Ajumogobia, who eventually vacated the earlier cost of
N25, 000 made against Junaid, also granted the prayer to
enlist the suit.
Further hearing in the matter has been adjourned till
September 29, 2015.
Copyright PUNCH.
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