Seeking Mandamus Against Police and AGF

Families of four Ekwulobia youths killed by police officers in 2001 have returned to the Lagos State High Court, seeking an order to compel the Attorney-General of the Federation (AGF) and the Nigeria Police Force to enforce a judgment delivered in their favour more than three years ago.

The applicants, Akaraka Chinweike Ezeonara and the Ekwulobia Imeobi Obinwanne Youth Association, acting on behalf of the indigent families of the deceased, are seeking an order of mandamus compelling the respondents to implement the court's directives. These include the payment of compensation to the bereaved families and disciplinary action against the police officers found culpable.

Beyond financial restitution, the families are also demanding the release of the remains of the deceased youths to enable them to conduct final burial rites in accordance with their cultural traditions.

Unenforced Judgment and Ignored Demands

The application, filed through a motion on notice dated August 17, 2026, stems from a protracted legal dispute arising from the 2001 killings. The suit, marked LD/354/MFHR/2014, was instituted in 2014 and names the Attorney-General of the Federation, the Inspector-General of Police (IGP), and the Nigeria Police Force (NPF) as respondents and judgment debtors.

The applicants are asking the court to direct the respondents to implement the judgment delivered on March 15, 2023, by Justice Olufunke Sule-Amzat. In that decision, the court ruled in favour of the applicants, awarding monetary compensation to the families and ordering disciplinary measures against the officers responsible for the deaths. However, the applicants contend that more than three years after the decision, the respondents have failed to comply.

In affidavits supporting the motion, Ezeonara stated that multiple formal demands and reminders were sent to the AGF and police authorities between April and July 2026 via express courier services. Despite acknowledgement receipts showing that the offices received the notices by late July, the respondents failed to comply or issue a substantive response within the statutory 14-day window, prompting the return to court to prevent the judgment from remaining dormant.

Constitutional Powers and Prolonged Legal Battle

The applicants are specifically seeking an order compelling the AGF to exercise constitutional powers under Section 174(1)(b) of the 1999 Constitution to issue the requisite consent or fiat for enforcing the judgment. Concurrently, the application asks the court to compel the IGP and the NPF to disburse the judgment sum and initiate disciplinary proceedings against the culpable officers.

The ongoing legal battle originally commenced with proceedings instituted in 2014, thirteen years after the killings occurred. The applicants initially approached the High Court for redress, but on March 9, 2015, Justice O. A. Ogala struck out the suit after ruling that the applicants lacked legal standing to institute a fundamental rights enforcement action on behalf of deceased persons.

Following subsequent proceedings that led to the favourable March 2023 ruling, the families maintain that the persistent refusal to implement the court's orders continues to deny them the remedies granted by the judiciary.