The Federal High Court in Abuja ordered the Independent National Electoral Commission (INEC) to pay N1.12 billion in compensation to the family of Mike Madu, who was killed by an INEC driver in Imo State.
In a decision issued on Friday, Justice Inyang Ekwo directed INEC to pay the N1.12 billion plus 10% interest per year from the date of judgement till the final or full payment was made.
In addition, the judgement ordered INEC, its chairman, Prof. Yakubu Mahmood, and other defendants to submit a condolence letter to Madu’s family.
“An order is hereby made for the defendants to pay the cost of prosecuting this action. This shall be the judgement of this court,” Justice Ekwo added.
The plaintiff, Augustine Madu, filed the claim on behalf of the Umudurugwu, Umuokwe, and Awo-Omamma communities in Imo State’s Oru-East LGA.
The updated writ of summons, FHC/ABJ/CS/1074/2019, named INEC, its Chairman, the INEC Commissioner in Abuja, and Hassan Abdul, an INEC escort driver, as the first through fourth defendants, respectively.
Augustine filed the lawsuit on September 18, 2019, requesting four reliefs, including an order for the defendants to pay N1.12 billion in compensation to Madu’s family for his illegal death.
Augustine characterised his departed brother, Mike Madu, as a wealthy businessman who was born on June 9, 1970, to the late John and Chioma Madu in Awo-Omamma, Imo State.
He claimed Abdul, an INEC staff member and driver working for the national commissioner’s office, was to blame for Mike’s deadly accident on June 16, 2019.
On September 10, 2019, the deceased’s family decided to pursue legal action against the defendants.
Augustine stated that his brother flew regularly between China and Nigeria, often accompanying Chinese businessmen to assist with business opportunities.
Mike accompanied two Chinese investors on one such trip to investigate potential opportunities in the Enugu State Free Trade Zone.
During their voyage on the Itobe-Anyigba Motorway in Kogi State, Ega Chukwudi of Auto Star Transport Company’s Lexus collided with a Toyota V8 Land Cruiser Jeep driven by Hassan Abdul, the fourth defendant.
Abdul and his police escort, Sgt. Usman Abdullahi, lost control of their Toyota, drove into the opposite lane, and collided head-on with the Lexus.
The Land Cruiser then somersaulted into a bush and caught fire, while the Lexus incurred serious damage.
Mike suffered 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 treatment, and the deceased were later moved to the Kogi State Specialist Hospital Mortuary.
The surviving Chinese investor, Qu Xin Dong, was admitted to the same hospital, while Chukwudi, the Lexus driver, received treatment at Enugu State Orthopaedic Hospital. Abdul and his police escort were treated at Holley Memorial Hospital.
A police report dated July 16, 2019, concluded that Abdul’s reckless speeding caused the accident.
On July 10, 2019, the Kogi State Chief Magistrate Court ordered a post-mortem examination for the dead. The plaintiff then secured an order to bury both his brother and the deceased investor.
Augustine complained that throughout this time, INEC and its officials showed no concern or remorse for Mike’s death.
He emphasised that his late brother not only supported his immediate and extended family but also his Chinese wife, Xiaojuan Li, and their son.
He further alleged that Mike’s early death had caused pain for his family, particularly his wife and child in China, and that INEC had refused to pay any compensation.
During the trial, the plaintiff called two witnesses, including Josephine Emumwen, an official with the Nigeria Police Force’s Kogi State Command.
Augustine testified as the first witness, adopting his prepared testimony on June 14, 2023.
Despite being recalled for cross-examination on November 16, 2023, the defendants did not appear in court.
Justice Ekwo ruled in favour of the plaintiff, upholding the claims and awarding compensation.
