CRIME & PUNISHMENT

From Reporting to Morgue: Pathetic Story of Gboah TV Intern, Pelumi Onifade

Funke Olaode

Lagos was boiling as atmosphere was enveloped with hostility. The civil unrest breaks everything and anything on its path; at the end of the alleged crossfire laid dead a young, promising intern with a privately-owned TV, Gboah, Pelumi Onifade. The young Onifade was last seen alive on October 24, 2020, and his corpse was discovered at a morgue somewhere in Ikorodu.

Like any young man of his age, he saw the world ahead of him as prosperous and filled with high expectations. Armed with this belief, he chose the pen profession. Alas! His hopes and dreams were cut shot while covering the #EndSARS protests in 2020. Today, 20-year-old-Onifade is still lying in the morgue while the parents seek justice.

According to one of Pelumi’s colleagues, who was with him at the scene, he saw the journalist sustain an apparent gunshot wound. The colleague, whose name was not disclosed at the peak of the investigation four years ago, said that they saw police officers place Pelumi, who was wearing a press jacket, into a police van along with some of the alleged robbers, according to those reports.

From October 24 to 27, Pelumi’s family and colleagues searched for the journalist at police stations and other facilities in Lagos without success.

On October 27, the journalist’s family and Gboah TV posted a missing person’s announcement on social media; later that day, police called Pelumi’s family and scheduled to meet them the following day to discuss the possibility that the journalist was in police custody.

On October 28, at the police headquarters in Ikeja, officers told Pelumi’s family and colleagues that they had arrested five people in Agege on October 24 and that one of those arrested had died, and his corpse was deposited at a mortuary in Ikorodu.

On October 30, the family identified Pelumi’s corpse at the mortuary, according to Egberongbe and the Gboah TV staffer.

Following the identification of the journalist’s body, police said Pelumi was not among those they arrested on October 24 and said they had found his body on the ground at an unspecified location and decided to put it in the mortuary.

It has been four years of seeking justice for the young man. Last week, the Lagos Division of the Federal High Court ordered the Lagos government to carry out an investigation into the death of the aspiring journalist.  Justice Ayounle Faji, who presided over the court also ordered the State Government to conduct a coroner’s inquest to ascertain the cause of Onifade’s death, as well as, identify and prosecute those responsible.

Justice Faji made the above orders on July 21, 2024, while delivering judgment in a suit filed by Media Rights Agenda (MRA) over the death of the journalist against the police commissioner in Lagos, the inspector-general of police and Lagos attorney general.

In his judgment, Justice Faji held that the government’s chief law officer “cannot just conduct an inquest without a duplicate of the case file,” but he ruled that section 74 of the Administration of Criminal Justice Law (ACJL) of Lagos gives the attorney general the power to request a case file from the police commissioner. 

However, Justice Faji dismissed five of the claims made by MRA against the defendants on the ground that there was no evidence before the court to support the reliefs sought.

The judge also held that none of the facts in MRA’s affidavit was denied by the attorney general, who only raised an issue of law, adding that in the course of oral arguments, the attorney general’s counsel also undertook to conduct an inquest.

MRA in its suit filed through its lawyer, Mr. Charles Oyaole Musa (SAN), was pursuant to 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.

“Mr. Onifade’s shooting in Oko Oba in Agege Local Government Area of Lagos state by agents of the COP and the IGP on October 24, 2020, in the course of his journalistic work is unconstitutional and a gross violation of his fundamental rights as guaranteed by section 33 of the 1999 Constitution (as amended) and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004,” said MRA.

It added, “Mr. Onifade’s arrest and unlawful or restriction of his liberty by agents of the COP and the IGP on October 24, 2020, in the course of his journalistic work is unconstitutional and a gross violation of his fundamental rights as guaranteed by sections 35, 39 and 46(1) of the 1999 Constitution and Articles 5 and 9 of the African Charter.”

MRA stressed that the constitutional and statutory duties of the respondents do not extend to unlawful detention of innocent individuals who have not been charged to Court or found guilty of any offence by a competent court of law in Nigeria.”

According to the MRA, the police commissioner and the inspector-general of police must investigate crimes committed against Onifade, a journalist exercising his right to freedom of expression as guaranteed under Sections 33 and 39 of the Constitution and Articles 4 and 9 of the African Charter.

MRA also asked the court for three orders.

It prayed the court to direct the respondents to launch a transparent, impartial and independent investigation into the circumstances of the death of Onifade, whose body was found in a morgue in Lagos, to conduct a coroner’s inquest to ascertain the cause of his death and to identify and prosecute those responsible for his death.

In his judgment, Justice Faji pointed out that although the police commissioner and the IGP were served with the originating summons and other processes in the suit, they did not file any response.

He also noted that Mr. John Gbadamosi, MRA’s programme officer who deposed to the affidavit in support of the suit, did not witness any of the facts relevant to the matter, adding that there was also no documentation in support of the claim that Onifade’s corpse was deposited in a mortuary.

Justice Faji also observed that although there was a constant reference in the affidavit to the family of the deceased, who, he said, would have the necessary information regarding their various interactions with the police, none of them filed any evidence in support of the incident. He, therefore dismissed the claims against the Police for lack of evidence.

Although the judge commended the office of the attorney general of Lagos for upholding the duties of the office by attending court and assisting the court in the matter, he noted that the explanation by the attorney general’s lawyer that the reason a coroner’s inquest was not conducted was that the duplicate of the case file was not forwarded to his office.

According to him, in response to the court’s question about what the attorney general had done about the matter since being served with the court processes, the lawyer submitted that the attorney general was ready to conduct an inquest.

Justice Faji stressed that the attorney general is not alleged to have known about the alleged unlawful killing of Onifade and is also not accused of being involved in the killing but that, as stated by MRA, he has a duty to conduct an inquest into the circumstances of the death.

He said, “Indeed, in paragraph 15 of the counter­ affidavit, the third respondent (the attorney general) has stated that he would prosecute anyone found to have a prima facie case established against him.”

Justice Faji, therefore, directed the attorney general to take all necessary steps to see to the investigation of the circumstances of the death of Onifade and to conduct a coroner’s inquest to ascertain the cause of the death as well as identify and prosecute those responsible for his death.

Court Sentences Man to 21 Years’ Imprisonment for Manslaughter

Funke Olaode

Justice Lateef Lawal-Akapo of the Ikeja Division of the Lagos High Court has sentenced a man, Adeola Agbonrin to 21 years’ imprisonment for manslaughter.

The judge sentenced him to 21 years’ imprisonment following his guilty plea to the one-count charge brought against him by the government. Agbonrin was charged with the murder of Farinmade before applying for a plea bargain agreement. He was first arraigned before the same court on January 31, 2013.

He was, therefore, re-arraigned on information contained in a charge marked no ID/99C/15, dated July 3 2024, wherein he was alleged of the manslaughter of the victim, Matha Farinmade.

The prosecution team led by the Director of Public Prosecution (DPP), Dr Babajide Martins, said that Agbonrin committed the offence on January 7, 2012, at No. 32, Mojalate Street, Ilupeju, Lagos.

His offence is contrary to Section 225 of the Criminal Law, CH. C. 17, Vol.3, Laws of Lagos State, 2011.

The judge, therefore, found him guilty as pleaded, sentencing him to 21 years’ imprisonment.

Before the sentence, the prosecution counsel, Martins, informed the court of the plea bargain agreement between the parties.

He said both parties agreed that the defendant would serve a term of 21 years from the date of remand.

The court held that the defendant was remanded in prison custody on February 9, 2012, and has been in custody for 12 years and four months. Justice Lawal-Akapo held the defendant’s guilty plea and asked if he was forced to change his plea, and Agbonrin answered that he willingly approached the prosecution himself.

The defendant’s counsel, Mr V. Amaechi, pleaded with the court to temper justice with mercy. He added that the defendant is remorseful.

“I am satisfied that the defendant understands the charge and the facts presented. I am also satisfied that he entered into the plea bargain agreement freely without being influenced. I, therefore accept his plea guilty,” said Justice Lawal-Akapo. “You, Adeola Agbonrin, is hereby sentenced to 21 years’ imprisonment commencing from 9th February 2012 when he was remanded.”

Libel: Veteran Actor Attah Demands Apology, N500m from TV Hosts

Wale Igbintade 

Veteran Nollywood actor Patrick Uchenna Attah has given presenters of a TVC talk show, ‘Entertainment Splash (e splash)’, a 14-day ultimatum to apologise for the alleged uncomplimentary claims on his relationship with actress Genevieve Nnaji.

Attah in separate letters dated August 6, 2014, written by his lawyer, Mr. Anthony Omaghomi, to the Managing Director, TVC Communications, and the three presenters of the talk show, Olayemi Ogunwole (aka Honeypot), Jay Paul (Mr. Flamez), and Cassey Bashua Alimi demanded that the public apology be published in three national newspapers, namely, Vanguard, THISDAY and Punch Newspapers. 

Attah vowed to file a defamation libel lawsuit if they failed to apologise.

The demand comes after the presenters, using TVC’s platform, falsely alleged that Attah, to chase clout and publicity granted an interview where he claimed without being asked, that he had dated, actress Genevieve Nnaji.

Attah’s counsel described the allegation as a “calculated plot” to demean and embarrass their client, causing significant harm to his reputation and emotional well-being.

The counsel noted that the allegation went viral on social and mainstream media, maligning Attah’s hard-earned reputation.

He said the broadcast was calculated to demean, ridicule, embarrass and humiliate him. 

Besides, the letter demanded an immediate retraction, a written apology, and the payment of N500 million as compensation for the alleged defamation.

“In consequence of the said publication, our client has been greatly injured in his credit, character, reputation, profession and family life. Our client is one of the pioneers of the Nollywood film industry in Nigeria, a reputable actor, musician and businessman. He is also a family man with children who has suffered greatly from this reckless publication,” the letter stated. 

It added, “Our client was very circumspect in the said interview. He repeatedly said his relationship with Genevieve Nnaji was cordial and serious, which did not in any way tarnish the image of Genevieve Nnaji. It is in the light of the above, acting on the instruction of our client, that we make the following demands.”

The letter said, “That you are to retract the contents of the said broadcast made on the 8th of August, 2023, on your television station anchored by Olayemi Ogunwole (aka honeypot), Cavey Bashua Alimi, Jay Paul (a.k.a Mr. Flamez) and tender an unreserved apology to our client. This retraction and apology must be published and broadcasted in the same means and manner in which the libellous publication was made, including YouTube channel, Twitter, all social media platforms, WhatsApp and Facebook, etc.”

It explained that the retraction and apology must also be aired on the same programme, ‘Entertainment Splash (e-splash)’ and be anchored by the same persons who must apologise to our client. In addition, this apology and retraction must be published in at least three national newspapers: Vanguard, THISDAY and Punch Newspapers.

“Our client has instructed us to make an unequivocal demand for monetary damages in the sum of N500,000,000 (five hundred million naira). The above demands must be met within 14 working days from the date of receipt of this letter,” added the letter. “Our instructions are that should you choose to disregard or fail to heed these, we are to approach a court of competent jurisdiction to seek redress as demanded above.”