IGP Sued for Withholding Probe Report on Pregnant Woman’s Death

A civil society organization, Global Integrity Crusade Network, GICN, has dragged the Inspector General of Police, Kayode Egbetokun, before an Abuja Federal High Cout over failure to release the probe report on the killing of a pregnant woman identified as Mrs Shitua Aso.

In an earlier petition forwarded to the IGP, dated May 2, 2024, GICN alleged that one Asabe Waziri, a staff of the Nigerian National Petroleum Company Limited, NNPCL, hit the pregnant woman with her car in front of the Federal Capital Terrritory, FCT, Police Command, Garki 2, Abuja, on or about May 30, 2010.

According to petition, the Police immediately commenced investigation into the incident but it yet to release its findings, 14 years after.

GICN, in the petition, demanded the release of the report of the said investigation.

However, following the failure of the Police to release the report as demanded, GICN has dragged the IGP before an Abuja Federal High Court, asking the court to compel the IGP to release information.

In the originating summons of the suit numbered FHC/ABM/CS/742/2024, the plaintiff, GICN, prayed the court for an order of mandamus compelling the IGP to immediately release the Final Investigation Report on the incident.

The suit, dated May 29, 2024, asked the court to declare that the failure, refusal and or neglect by the IGP to release the information and documents requested for by the plaintiff amounts to violation of sections 4 and 5 of the Freedom of Information Act, 2011, and is therefore unjustifiable, wrongful and illegal.

The plaintiff also prayed the court to declare that that by a true interpretation of Section 1 of the Freedom of Information Act, 2011, the respondent, being a public official cum custodian of information at Nigeria Police Force, which is a Public Institution within the meaning of Section 31 of the Freedom of Information Act, 2011, is obligated to furnish on request by the applicant a comprehensive, just and fair information and documents, as requested in the May 2, 2024 letter.

Listing facts in support of the suit, the plaintiff noted that “Section 4 of the Police Act, 2020, gives the Nigeria Police Force power for the prevention and detection of crime, the apprehension of offenders, preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged; amongst other duties within or outside Nigeria.

“On 2nd May, 2024 the applicant (GICN) wrote a letter to the respondent (IGP) requesting for a comprehensive and detailed FINAL INVESTIGATION REPORT of the case involving Asabe Waziri who hit a pregnant woman named Mrs Shitua Aso with her car in front of the FCT Police Command, Garki 2, Abuja, on 30 May, 2010.

“Till date, the respondent has failed, refused and or neglected to avail the applicant access to the information and documents requested vide their letter dated 2nd May, 2024, which was received at the office of the Respondent on 3rd May, 2024.

“The 7 (Seven) days within which the respondent is required by Section 4 (a) of the Freedom of Information Act. 2011 to furnish the applicant with the information and documents sought began to run from 4th May, 2024, and elapsed on 10 May, 2024.

However, the respondent did not comply with Section 4 (b) of the Freedom of Information Act, 2011, by giving notice to the applicant that access to all or part of the information sought will not be granted, stating reasons for the denial and the Section of the Act under which the denial is made.

“Unless and until the respondent is compelled by an Order of this Honourable Court, he will continue to refuse the applicant access to the information and documents sought by them from the respondent.

“The failure, refusal and or neglect by the respondent to give the applicant access to the information and documents sought is unjustifiable, wrongful and illegal.

“The applicant is aggrieved and hereby applies that this Honourable Court invokes the provisions of Freedom of Information Act, 2011 particularly Section 1 (3) thereof by issuing a Writ of Mandamus compelling the respondent to allow the applicant access to the information and documents sought in their letter dated 2nd May, 2024, submitted to the respondent in line with his duty.”

The suit is yet to be fixed for hearing.