A Federal High Court in Lagos has directed the service of court papers by substituted means on the Federal Government and others in a suit filed by the families of those killed by a trailer, which fell off the Ojuelegba Bridge in Lagos on September 2, 2015.
An unlatched 40-feet container, which fell off from an articulated vehicle, had fallen on some vehicles moving on the road, killing three persons in the process.
The families of the victims have through their lawyer, Mr. Norrison Quakers (SAN), approached the Federal High Court seeking damages in the sum of N10bn.
The applicants – Usman Sulaiman, Ismaila Maikkankan, Umar Wahab and Umaru Umaru – are seeking N10bn damages on behalf of the families of Abubakar Sule, Umaru Sulaiman and Kamilu Umaru, who died in the accident, as well as for themselves.
Joined as respondents in the suit are the Lagos State Government and its Attorney General and Commissioner for Justice, as well as the Lagos State Metropolitan Area Transport Authority and the Lagos Public Works Corporation.
The other respondents are the Motor Vehicle Administration Agency, the Federal Government, the Attorney General of the Federation, Federal Ministry of Works, Federal Road Maintenance Agency and the Federal Road Safety Corps.
The court has granted the applicants the leave to serve the court papers on the defendants that were outside the jurisdiction.
The applicants are urging the court to declare that the respondents failed in their lawful duty of installing, maintaining and enforcing adequate safeguards to ensure the right to life, personal and human dignity, good health and family harmony.
They are also seeking a declaration that “the circumstances of the accident resulting in the deceased persons’ death were such that the respondents’ negligence can be presumed under the doctrine of res ipsa loquitur”.
They argued that the respondents had breached the fundamental rights of the victims as enshrined in the constitution and the African Charter on Human and Peoples Rights.
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