LAGOS- 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.
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.
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