Governor Babajide Sanwo-Olu has rejected a court order to compensate the Uber driver who was tortured during the EndSARS memorial.
A Federal High Court in Lagos had on March 14, 2023, ordered the Lagos State Government to pay the sum of N5 Million as compensation to Adedotun Clement, an Uber driver who was assaulted on October 20, 2021, at the Lekki Toll-Gate during the first EndSARS memorial.
Clement was carrying a passenger to Lagos Mainland when he encountered a gridlock at the Lekki Toll-Gate during a march to commemorate the first anniversary of EndSARS. He was tortured and pepper-sprayed by officers of the Lagos State Neighborhood Safety Agency and policemen.
Human rights lawyer, Inibehe Effiong, filed a lawsuit against the Lagos State Government and the Nigeria Police Force to seek redress.
Following the judgment, Effiong wrote a letter Governor Sanwo-Olu on March 16, 2023 demanding compliance with the judgment. However, the governor refused to act on the demand.
The Lagos State Government has now filed an appeal at the Court of Appeal in Lagos against the judgment.
In a Notice of Appeal filed on Tuesday, March 21, 2023, but served on Friday, March 24, signed by Dr. Babajide Martins, the Director of Public Prosecutions (DPP) in the Lagos State Ministry of Justice, the government said there was no evidence that the Uber driver was tortured.
Responding to the appeal, Effiong said his client was disappointed by the action of the Lagos State Government but that he was ready to face the government at the Court of Appeal.
“I’m not surprised by their decision not to obey a judgment that everyone knows is justifiable. Since they’ve chosen this infamous path, I will equally file a cross-appeal against the N5 Million damages and ask the Court of Appeal to increase it significantly.” Effiong said.
The lawyer added, "The message derivable from this action is that Lagosians are back to the regime of real Governor Sanwo-Olu that they know and not the pretentious one who tried to project himself as a populist or respecter of human rights during the campaigns."
LASG Response
PRESS STATEMENT
RE: JUDGEMENT OF N5M AWARDED AGAINST LASG BY THE FEDERAL HIGH COURT
1.On the 14th of March 2023, the Federal High Court in Suit No FHC/L/CS/ 1862/2021, filed by Mr Clement Adedotun, delivered judgment against Lagos State Neighborhood Agency, Lagos State Government, Attorney General Lagos State and Nigeria Police.
2.During the hearing of the matter , the Lagos State Government opposed the claims of the Applicant on grounds of law and facts.
3.The court, however, upheld the contention of the Applicant.
4.As is customary when a judgment is delivered against the State Government, counsel handling the matter is enjoined to file an appeal (a right provided by the Constitution) along with an application to stay execution of the judgment in order to protect and reserve the rights available to the State Government under the law.
5.Filing the appeal and asking for a stay of the judgment do not, however, prevent the management of the Ministry of Justice upon obtaining a copy of the judgment from further reviewing the matter and deciding whether to proceed with or withdraw the appeal.
6.The process of taking that decision is underway and once a definitive position is taken members of the public will be notified.
7.The State Government reassures the public that in carrying out its duties, it will continue to be guided by the rule of law.
Grace Alo
PRO
Ministry of Justice