Emene Killings: Groups Set To Sue Govt
Below is a Pre-Action Notice already served on Enugu State Government on the above subject.
27th August, 2020
YOUR EXCELLENCY,
THE GOVERNOR OF ENUGU STATE,
GOVERNMENT HOUSE,
ENUGU
Your Excellency,
THE MASSACRE OF 22 UNARMED YOUTHS IN EMENE-ENUGU, ENUGU STATE: A CALL TO:
1. SET UP A JUDICIAL COMMISSION OF INQUIRY TO LOOK INTO CIRCUMSTANCES SURROUNDING THE KILLING
2. A NOTICE OF INTENTION TO SUE IN RESPECT OF SAME
We are solicitors to Nzuko Umunna (an Igbo socio-cultural organization), the Registered Trustees of Christian Network and Community Development, Dr. Sam Amadi, the Country Director of the aforesaid Registered Trustees of Christian Network and Community Development hereinafter referred to as “our clients” and on their behalf and instruction we address this letter to you.
It would be noted that sometimes around the 23rd August 2020, persons suspected to be State Security officials opened fire on unarmed youths who were having various physical exercise/ trainings in Emeni, Enugu State and massacred them in cold blood.
Your Excellency, this unprovoked attack and murder of innocent and unarmed indigenes of Enugu has caused unrest within Enugu and its environs as the citizens are living in fear of who may be the next victim. We wish to state that as the Chief Security Officer of Enugu State, one of your primary responsibilities is the protection of lives and properties of citizens of Enugu state.
In view of the above, we urge Your Excellency to set up a Judicial Commission of Inquiry as provided under the Enugu State Commission of Inquiry Law, Laws of Enugu State 2004 to ascertain the immediate and remote cause(s) of, the persons involved in the aforementioned killings at Emeni, Enugu State, recommend appropriate sanctions to be meted out to persons identified to be related with the massacre and also profer solutions on how to prevent future occurrence in the State.
It is our belief that the execution of the above request will help to restore peace amongst citizens of Enugu State and its environs especially Emeni where the incident occurred.
Please take notice that if after four (4) weeks from the date of service of this letter on you, you fail, neglect and/or refuse to set up the Judicial Commission of Inquiry as requested, we shall institute an action against you without further notice. The cause of action of which will be Failure to set up Judicial Commission of Inquiry to look into the circumstances surrounding the killings of youths at Emeni Enugu by persons suspected to be Security Officials with a view to preventing future occurences.
The proposed reliefs to be sought are:
1. A DECLARATION that the massacre of 22 unarmed youths who were various physical exercise/ trainings by the Police and Officials of Department of State Security Service on or about 22nd August 2020 violated Section 33(1) of the 1999 Constitution of the Federal republic of Nigeria (as amended) and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9 LFN 2004 which guaranteed right to life and prohibits the killing of human beings without an order of court.
2. A DECLARATION that the extra judicial killing and/or massacre of 22 unarmed youths at Emeni by the officers of the Nigerian Police and Officials of Department of State Security Service on or about 22nd August 2020 violates the fundamental rights to life of the deceased and is therefore unconstitutional, illegal and unlawful.
3. A DECLARATION that the failure and/or refusal of the Governor of Enugu State to set up a Judicial Commission of Inquiry to look into the unlawful killing of over 22 unarmed youths on or about 22nd August 2020 at Emeni Enugu State by persons suspected to be Security Officials amounts to a dereliction of duty.
4. AN ORDER that under the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9 LFN 2004, it is the duty of the Defendant (Governor of Enugu State) to protect and defend the life and properties of the people of Enugu State.
5. AN ORDER OF MANDAMUS compelling the Defendant (Governor of Enugu State) to set up a Judicial Commission of Inquiry to unravel the cause(s) of the unlawful and illegal killing of over 20 youths on or about 22nd August 2020 at Emeni Enugu.
6. AND SUCH OTHER OR FURTHER ORDERS as the court may deem fit to make in the circumstance.
Thank you for your anticipated co-operation.
Yours faithfully,
EDWIN ANIKWEM ESQ.
CC:
1. THE ATTORNEY GENERAL OF ENUGU STATE
MINISTRY OF JUSTICE,
ENUGU STATE.
2. Nzuko Umunna (an Igbo socio-cultural organization)
3. The Registered Trustees of Christian Network and Community Development
4. Dr. Sam Amadi