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 tragically killed in a road accident involving an INEC driver. The judgment, delivered by Justice Inyang Ekwo on Friday, also mandates INEC to pay an annual interest of 10% on the compensation amount until the full payment is made. Additionally, the court ordered INEC, its Chairman, Prof. Yakubu Mahmood, and other defendants to issue a formal letter of condolence to the bereaved family.
The court further directed INEC to cover the legal costs incurred by the plaintiff in prosecuting the case. “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 declared.
Background of the Case
The lawsuit was filed by Augustine Madu, the brother of the deceased, 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 the INEC escort driver, Hassan Abdul, as the first to fourth defendants, respectively.
Augustine Madu initiated the legal action on September 18, 2019, seeking four reliefs, including the payment of N1.12 billion in compensation for the unlawful termination of his brother’s life. According to the statement of claim, Mike Madu was a successful businessman born on June 9, 1970, to the late John and Chioma Madu in Awo-Omamma, Imo State. He was described as a frequent traveler between China and Nigeria, often accompanying Chinese investors to explore business opportunities in the country.
The Fatal Accident
The tragic incident occurred on June 16, 2019, when Mike Madu was escorting two Chinese investors, Huang Hia Yan and Qu Xin Dong, to the Enugu State Free Trade Zone. Their Lexus car, driven by Ega Chukwudi of Auto Star Transport Company, was involved in a head-on collision with a Toyota V8 Land Cruiser Jeep driven by Hassan Abdul, an INEC staff member. The Toyota, which was also carrying a police escort, Sgt. Usman Abdullahi, lost control, swerved into the opposite lane, and crashed into the Lexus.
The impact of the collision caused the Land Cruiser to somersault into a bush, where it caught fire. The Lexus sustained significant damage, and Mike Madu and Huang Hia Yan sustained fatal injuries. They were rushed to Holley Memorial Hospital in Ochadamu Village, where they were pronounced dead. Their bodies were later transferred to the Kogi State Specialist Hospital Mortuary. Qu Xin Dong, the surviving Chinese investor, was admitted to the same hospital, while Ega Chukwudi, the Lexus driver, received treatment at Enugu State Orthopaedic Hospital. Hassan Abdul and his police escort were also treated at Holley Memorial Hospital.
Police Investigation and Findings
A police report dated July 16, 2019, concluded that Hassan Abdul’s reckless speeding was the primary cause of the accident. The report highlighted that Abdul was driving at an excessive speed, which led to the loss of control and the subsequent collision. On July 10, 2019, the Kogi State Chief Magistrate Court ordered a post-mortem examination of the deceased. Augustine Madu later obtained a warrant to bury his brother and the deceased Chinese investor.
INEC’s Lack of Response
Throughout the ordeal, Augustine Madu lamented that INEC and its officials showed no concern or remorse for the death of his brother. He emphasized that Mike Madu was not only the breadwinner for his immediate and extended family but also provided for his Chinese wife, Xiaojuan Li, and their son. The untimely death of Mike left his family in distress, particularly his wife and child, who reside in China. Despite repeated attempts to seek justice and compensation, INEC refused to acknowledge its responsibility or offer any form of restitution.
Court Proceedings and Judgment
During the trial, Augustine Madu presented two witnesses, including Josephine Emumwen, an officer with 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, in his ruling, upheld the plaintiff’s claims and awarded the N1.12 billion compensation. The judge also ordered INEC to pay 10% annual interest on the amount until the full payment is made. Furthermore, INEC, its Chairman, and other defendants were directed to issue a formal letter of condolence to the Madu family.
Implications of the Judgment
This ruling sets a significant precedent for holding government agencies accountable for the actions of their employees. It underscores the importance of ensuring that public officials and drivers adhere to road safety regulations to prevent avoidable tragedies. The judgment also highlights the need for institutions like INEC to take responsibility for their staff’s conduct, particularly in cases where negligence leads to loss of life.
For the Madu family, the ruling brings a measure of justice after years of pain and struggle. However, the emotional and financial toll of losing a loved one in such a tragic manner cannot be fully compensated. The family hopes that the judgment will serve as a deterrent to others and encourage greater accountability within public institutions.
Conclusion
The Federal High Court’s decision to award N1.12 billion in compensation to the family of Mike Madu is a significant step toward justice for victims of negligence and recklessness. It sends a clear message that no institution is above the law and that individuals and families deserve redress when their lives are irreparably harmed by the actions of others. As the Madu family begins the process of healing, this ruling stands as a testament to the power of the judiciary to uphold justice and accountability in society.
