INEC to pay N1.12bn to family of man killed by driver

The Federal High Court in Abuja has ordered the Independent National Electoral Commission to pay N1.12bn in compensation to the family of one Mike Madu, killed by an INEC driver in Imo State.

Justice Inyang Ekwo, in a judgment on Friday, ordered INEC to pay the N1.12bn with 10 per cent interest per annum from the date of judgment until the final or full payment is made.

In addition, the judge ordered  INEC, its Chairman, Prof. Yakubu Mahmood, and other defendants to send a letter of condolence to the late Madu’s family.

“An order is hereby made for the defendants to pay the cost of prosecuting this action. This shall be the judgment of this court,” Justice Ekwo added.

The plaintiff, Augustine Madu, filed the suit on behalf of the Umudurugwu, Umuokwe, Awo-Omamma community in Oru-East Local Government Area of Imo State.

The amended writ of summons, marked FHC/ABJ/CS/1074/2019, listed INEC, its Chairman, the INEC Commissioner in Abuja, and an INEC escort driver, Hassan Abdul, as the first to fourth defendants, respectively.

Augustine filed the suit on September 18, 2019, seeking four reliefs, including an order for the defendants to pay N1.12bn in compensation to Madu’s family for the unlawful termination of his life.

In his statement of claim, Augustine described his deceased brother, Mike Madu, as a successful businessman born on June 9, 1970, to the late John and Chioma Madu in Awo-Omamma, Imo State.

He said Abdul, an INEC staff member and driver under the office of the national commissioner, was responsible for the fatal accident that claimed Mike’s life on June 16, 2019.

On September 10, 2019, the deceased’s family resolved to take legal action against the defendants.

Augustine noted that his brother frequently travelled between China and Nigeria, often accompanying Chinese investors to facilitate business opportunities.

On one such trip, Mike was escorting two Chinese investors to explore investment prospects in the Enugu State Free Trade Zone.

During their journey on the Itobe-Anyigba Expressway in Kogi State, their Lexus car, driven by Ega Chukwudi of Auto Star Transport Company, collided with a Toyota V8 Land Cruiser Jeep driven by the fourth defendant, Hassan Abdul.

The Toyota, occupied by Abdul and a police escort, Sgt. Usman Abdullahi, lost control, swerved into the opposite lane, and crashed into the Lexus in a head-on collision.

The Land Cruiser then somersaulted into a bush and caught fire, while the Lexus sustained heavy damage.

Mike sustained severe injuries and died, along with one of the Chinese investors, Huang Hia Yan.

The victims were taken to Holley Memorial Hospital in Ochadamu Village for medical attention, while the deceased were later transferred to Kogi State Specialist Hospital Mortuary.

 The surviving Chinese investor, Qu Xin Dong, was admitted to the same hospital, while Chukwudi, the Lexus driver, was treated at Enugu State Orthopaedic Hospital. Abdul and his police escort received treatment at Holley Memorial Hospital.

A police report dated July 16, 2019, concluded that Abdul’s reckless speeding was the cause of the accident.

On July 10, 2019, the Kogi State Chief Magistrate Court ordered a post-mortem examination of the deceased. The plaintiff later obtained a warrant to bury his brother and the deceased investor.

Augustine lamented that throughout this period, INEC and its officials showed no concern or remorse for causing Mike’s death.

He emphasized that his late brother was not only the breadwinner of his immediate and extended family but also provided for his Chinese wife, Xiaojuan Li, and their son.

He further stated that Mike’s untimely death had left his family in distress, especially his wife and child in China, and that INEC had willfully refused to offer any compensation.

During the trial, the plaintiff presented two witnesses, including Josephine Emumwen, an officer in the Nigeria Police Force, Kogi State Command.

 Augustine testified as the first witness, adopting his written statement on June 14, 2023.

Although he was recalled for cross-examination on November 16, 2023, the defendants failed to appear in court.

Justice Ekwo, ruling in favor of the plaintiff, upheld the claims and awarded the compensation.