Junaid had gone to the court to seek an order of mandamus to compel the Inspector-General of Police (IG) to re-open investigations into Funsho Williams’ murder.
However, the case suffered a set back when it was struck out by the judge on April 29, 2015, for want of diligent prosecution.
Dissatisfied with the ruling of the court, Junaid, through his lawyer, Tunji Adesheye, filed a motion seeking to relist the matter.
The motion was brought pursuant to Order 26, Rules 1, 2(1), (2), 3, 4, 6, 7(1), 18 and 20 of the Federal High Court (Civil Procedure Rules) 2009 and under the inherent jurisdiction of the court.
Arguing the motion, Adesheye informed the court that his client had effected personal service of the concurrent writ of summons on the defendants that are outside the jurisdiction.
Justice Ajumogobia, had earlier granted leave to the plaintiff to effect personal service of the concurrent writ of summons in the suit on the IG by substituted means.
Other defendants affected by the court’s order are: Former IG, Sunday Ehindero, Attorney General of the Federation and the Peoples Democratic Party (PDP). They are the 1st, 3rd, 4th and 6th defendants in the suit.However, it was the inability of the plaintiff to serve the defendants as directed by the court that led to the striking out of the suit.
Adesheye then urged the court to grant the motion in the interest of justice, saying the defendants will not be prejudiced in anyway whatsoever.
However, lawyer to the 1st and 4th defendants, Kingson Uwandu, was opposed to the motion on the grounds that the plaintiff was yet to pay the N25,000 fine placed on him by the court when the matter was struck out.
He said it was improper for the plaintiff to seek favour from the court when he failed to comply with its directive.
When asked by the court when the order for the payment of the money was made against the plaintiff, Uwandu said he could not remember because he was not with the case file.
The judge eventually granted the plaintiff’s request seeking to relist the matter.
Justice Ajumogobia, infuriated by Uwandu’s failure to come to court with the case file also went ahead to vacate the order for N25,000 payment that was made against the plaintiff.
She thereafter adjourned the matter till September 29, for further hearing.
In the suit, the plaintiff is praying the court to compel the AGF to direct the appropriate organ in the criminal justice administration agency in the country to commence prosecution of the alleged suspects in the murder of Funsho Williams.
He is also praying for a declaration that all defendants in the suit should pay him compensation for his illegal detention and the psychological trauma he suffered for a period of over one year under the unmitigated actions of the defendants both jointly and severally and for their acts of commission and omission over the said illegal detention and his unlawful incarceration over the murder of Williams.
The plaintiff is consequently asking for a claim of N5 billion as both compensatory and exemplary damages against the 11 defendants for their actions or inaction over his illegal detention and dehumanisation over the murder of Williams.
Listed as defendants in the suit are: the IG, Commissioner of Police, Lagos State, Mr. Sunday Ehindero (former IG & I.P.O. of Funsho Williams’ murder case), AGF, Mrs Modupe Shasore and the PDP.
Others are: Bola Ahmed Tinubu, Dr. Muiz Banire, Mr. Babatunde Edu, Mr. Dele Alake, and Henry Oladele Ajomale.
-Thisday
