The family of the late Inspector Mark Ediale, one of the three policemen killed by soldiers in Taraba State to free a kidnap kingpin from custody on August 6, 2019, is set to institute a fundamental rights enforcement suit before the end of the week.
The Ediale family’s lawyer, Mr Femi Falana (SAN), who had earlier issued a seven-day ultimatum for the arrest and prosecution of the soldiers led by Captain Tijjani Balarabe, confirmed this to our correspondent on Tuesday.
Falana’s ultimatum issued to the Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami (SAN), in a June 15, 2020 letter had lapsed on June 22.
Meanwhile the trial of the kidnap kingpin, Bala Hamisu, otherwise known as Wadume, and six others commenced at the Federal High Court in Abuja without the 10 soldiers brought to court to face charges on Monday.
Asked what his next step would be following the AGF’s refusal to accede to his demand in the June 15, letter, Falana said he would have to file legal actions on behalf of the family of the slain policeman who briefed his firm.
“We will institute a fundamental rights enforcement suit at the Taraba State High Court. We are only tidying up our papers with the family. The papers will be ready and we will file them before the end of the week,” Falana said.
The AGF, the Nigerian Army and Balarabe are likely to be cited as defendants in the suit.
Falana also said on Tuesday that he would file a separate suit to compel the AGF to have the indicted soldiers arrested and prosecuted for their actions.
The 10 soldiers attached to the 93 Battalion in Takum, Taraba State allegedly helped Wadume to escape from the policemen.
The troops led by Captain Tijjani Balarabe allegedly killed three policemen and two civilians, while five other police officers were injured, during the soldiers’ attack
Despite public outcry for justice, Malami refused to reverse his decision to shield the 10 soldiers who were indicted for allegedly killing the three policemen from trial.