AKIN KUPONIYI

Abubakar Sule: one of the victims

Survivors of the  three persons killed in an Ojuelegba container truck  accident  on 2 September,2015 have slammed a N10billion claim for damages on  Lagos State and the Federal Government.

Other defendants in the fundamental right enforcement suit filed before a Federal High court Lagos division are, Attorney General of Lagos state,Lagos State Public Works Corporation, Motor Vehicle Administration Agency.  Others are Attorney General of the Federation,Federal Ministry of Works, the Federal Road Safety Commission, the driver and the owner of the truck alleged to have caused the fatal accident, Wasiu Adeleke and Kilani Ojo Adeyanju.

In an affidavit  in support of the suit sworn to by a Lagos businessman, Mr Umar Abdul Wahab , and filed before the court by two Senior Advocates of Nigeria Norrison Quakers and Moyosore Onigbanjo, the deponent averred that:

On the 2nd of September ,2015 he received a call from Yaba mainland Hospital official informing him about the accident and the fatalities  asking him to come to Yaba mainland mortuary to identity the corpses of Abubakar Sule,Umaru Sulaiman and Kamilu Umaru.

He then proceeded to Yaba Mainland Hospital  mortuary,with other four applicants in this suit namely Usman Sulaiman, Ismala Maikankan ,lbrahim Ibrahim  and Umaru Sulaiman Umaru.

The family left by Sule

Mr Umar averred further that he was in deep shock and pain when he saw the mangled and shattered bodies of the deceased persons which were crushed beyond recognition by the trailer that fell on their vehicle.

Later an eye witness told him that at Western Avenue, Ojuelegba , Surulere, Lagos , at about 12noon,  a diesel trailer truck with registration number Lagos Epe 46 XK driven by one Kilani Ojo Adeyanju,fell off Ojuelegba bridge onto two vehicles one of which was the car in which the deceased persons were travelling.

Kilani Ojo Adeyanju was alleged to be driving the diesel trailer without any of these document: valid drivers licence , a valid MOT certificate, a road worthiness certificate or a vehicle licence along Ojuelegba bridge and expressway, as well as the surrounding access and exit roads and routes which were ill-maintained, hazardous, and in a deplorable state

As at the time of the accident,  the truck was carrying a 20-foot container loaded with cement and iron rod.

Adeyanyu  is now facing criminal charges before a Lagos state magistrate court for permitting Wasiu Adeleke to drive the truck without a valid driver’s license and other valid particulars

Wasiu Adeleke is also  facing criminal charges before a Lagos state magistrate court for gross negligent and reckless driving causing the deceased person’s deaths, the deceased were the bread winners and sole sources of their immediate and extended families who are now facing extreme economic and financial hardship, emotional torment nervous shock , disequilibrium and spiritual morass, the deceased persons were survived by twenty children, while their wives are all full time house wives who lack employable skills therefore cannot provide most basic necessities for themselves talk less of the twenty children, they must now cater for as some of the children have stopped going to school.

In view of these scenarios, the applicants while claiming the sum of N10billion against the respondents jointly and severally are also urging the court to declare that the death of the deceased persons is tantamount to heinous infractions by the respondents on the deceased persons right to life, personal and human dignity good health, and family harmony guaranteed by sections 33 and 34 of the constitution of the Federal republic of Nigeria 1999 and articles 4,5,16and 18 of the African charter on human and people rights.

No date has been fixed for the hearing of the suit.

The author can be reached at: [email protected]