Federal High Court Orders INEC to Compensate Family of Man Killed by Commission’s Driver

The Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to pay N1.12 billion in compensation to the family of Mike Madu, a businessman who was killed in a fatal accident involving an INEC driver in 2019.

 Justice Inyang Ekwo, delivering the judgment on Friday, also mandated INEC to pay an additional 10 percent interest per annum on the compensation amount until the final payment is made.

The court further directed INEC, its Chairman, Prof. Yakubu Mahmood, and other defendants to issue a formal letter of condolence to the bereaved family. Justice Ekwo also ordered the defendants to cover the legal costs incurred by the plaintiff in prosecuting the case.

The lawsuit, marked FHC/ABJ/CS/1074/2019, was filed by Augustine Madu on behalf of the Umudurugwu, Umuokwe, Awo-Omamma community in Oru-East Local Government Area of Imo State. The defendants included INEC, its Chairman, the INEC Commissioner in Abuja, and the driver involved in the accident, Hassan Abdul.

Augustine Madu, the plaintiff, sought N1.12 billion in compensation for the wrongful death of his brother, Mike Madu, a successful businessman who frequently travelled between China and Nigeria to facilitate investment opportunities. According to the statement of claim, Mike was born on June 9, 1970, to the late John and Chioma Madu in Awo-Omamma, Imo State.

The tragic incident occurred on June 16, 2019, when Mike was escorting two Chinese investors to explore business prospects in the Enugu State Free Trade Zone. Their Lexus car, driven by Ega Chukwudi of Auto Star Transport Company, collided head-on with a Toyota V8 Land Cruiser Jeep driven by Hassan Abdul, an INEC driver. Abdul, who was accompanied by a police escort, Sgt. Usman Abdullahi, lost control of the vehicle, swerved into the opposite lane, and crashed into the Lexus.

The impact caused the Toyota to somersault into a bush and catch fire, while the Lexus sustained severe damage. Mike Madu and one of the Chinese investors, Huang Hia Yan, sustained fatal injuries and were pronounced dead. The surviving Chinese investor, Qu Xin Dong, and the drivers of both vehicles were hospitalized with varying degrees of injuries.

A police report dated July 16, 2019, attributed the accident to Abdul’s reckless speeding. Despite the findings, INEC and its officials failed to show remorse or offer compensation to the deceased’s family. Augustine Madu lamented that his brother’s death had left his family, including his Chinese wife, Xiaojuan Li, and their son, in financial and emotional distress.

During the trial, the plaintiff presented two witnesses, including Josephine Emumwen, a police officer from the Kogi State Command. Augustine testified as the first witness, adopting his written statement on June 14, 2023. Despite being recalled for cross-examination on November 16, 2023, the defendants failed to appear in court.

In his ruling, Justice Ekwo upheld the plaintiff’s claims, describing the evidence as compelling and unchallenged. He awarded the N1.12 billion compensation to the Madu family, emphasizing the need for accountability and justice.

The judgment has been hailed as a significant victory for the bereaved family, who have endured years of pain and neglect since the tragic incident. The court’s decision also underscores the importance of institutional responsibility and the protection of citizens’ rights.

INEC is yet to issue a public statement regarding the judgment or indicate whether it intends to appeal the ruling.