Slain Cop’s Family, Ediale Sues AGF, Malami, Demands Prosecution Of Killer Soldiers

Chief Andrew Phillip Ediale has filed an Application for leave to seek judicial review compelling the Attorney-General of the Federation to prosecute the indicated soldiers who allegedly killed his brother, late Inspector Mark Ediale, at Ibi-Jalingo Road, Taraba State.

The matter was filed on his behalf by Falana & Falana Chambers via Motion Exparte

The relief being sought reads:

“AN ORDER of this Honourable Court granting leave to the Applicant to apply for judicial review and to seek an order of mandamus directing and or compelling the Respondent to file charges against the soldiers indicted in the investigation conducted into the gruesome murder of officers of the Nigerian Police at the outskirt of Ibi Town, Taraba State on August 6, 2019 in line with the order of the Federal High Court, Abuja Judicial Division in Suit No.: FHC/ABJ/CR/30/2020 between: Inspector General of Police v. Hamisu Bala a.k.a Wadume & 19 ors…”

The Application was brought pursuant to Order 34 Rules 1(1)A, 2, 3(1) & (2)A, (B) & (C) of the Federal High Court (Civil Procedure) Rules, 2019, section 14 of the Federal High Court (Amendment) Act 2005, section 174 of the Constitution of the Federal Republic of Nigeria (as amended) and under the inherent powers of the Honourable Court.

In an affidavit in support of the application, Ediale said he is the brother of the deceased who was “gruesomely murdered by soldiers led by the Captain Tijjani Balarabe on August 6, 2019 along Ibi – Jalingo Road, Taraba State”.

He said the deceased was the breadwinner of the family and solely responsible for the upkeep and provision of material needs of his wife Mrs. Chibunmi, his aged mother who is 68 years old and his daughter Adesuwa who is 3 years old.

He said the deceased and other members of his team were killed during the performance of their lawful duties to “apprehend Bala Hamisu a.k.a Wadume, an alleged notorious kidnap kingpin who had been terrorizing residents of Taraba and its environs”

The affidavit reads in part:

“That after the suspect was successfully apprehended, and the team was heading back to Jalingo, a team of soldiers, led by the Captain Tijjani Balarabe trailed them to the Ibi-Jalingo Expressway and opened fire on them killing three of the Police Officers and one Civilian in the process including Inspector Mark Ediale, Sergeant Usman Danazumi and sergeant Musa Abiru. Attached hereto and marked Exhibit A is a document confirming the assertion

“That the deceased officers, Inspector Mark Ediale, Sergeant Usman Danazumi and sergeant Musa Abiru were killed despite presenting their police ID Cards. Attached hereto and marked EXHIBITION B and Bi is a document confirming the assertion

“That on February 3, 2020 the Inspector General of Police filed criminal charges against the Captain Tijjani Balarabe and other persons connected with the murder of the deceased, breadwinner of our family

“That notwithstanding the pendency of the Charge, the Respondent failed and neglected to release the Captain Tijjani Balarabe and other officers of the Nigerian Army against whom the charges were file for prosecution.

“That on March 16, 2020 the Abuja Division of this Honourable Court per Hon. Justice B. M. Nyako ordered the production of the Captain Tijjani Balarabe and other officers of the Nigerian Army against whom charges were filed for prosecution. Attached hereto and marked EXHIBIT C is a CTC of the order

“That on June 3, 2020 the Respondent took over the case from police prosecution, Simon Lough, through a legal officer in his Chambers, Labaran Magaji informed the learned trial judge that a new amended charge has been filed discontinuing the charge against the Captain Tijjani Balarabe and other officers of the Nigerian Army as listed in the chare

“That on June 13, our family lawyers, Falana & Falana’s Chambers in a petition addressed to the Respondent demanded justice for the family of the slain police officers. Attached hereto and marked EXHIBIT D is a copy of the letter”