Chief Dr. (Mrs.) Olufunmilayo Ransome-kuti & Ors. V. The Attorney-general Of The Federation & Ors (1985)

ESO, J.S.C.

Because of the importance of this case, both in regard to the legal issues involved and the publicity that has attached to it, I will set out the facts of, the issues involved in and the legal submissions thereupon in the case in some considerable detail. I will start with the events that led to the litigation.

The Incident Previous to Litigation:

On 18th February, 1977, at about mid-day, one Segun Ademola, an employee of the 2nd Plaintiff, Fela Anikulapo Kuti, travelled in a landrover belonging to the 2nd Plaintiff, and driven by one Segun Adams along Agege Motor Road. At a point on the road, precisely at Ojuelegba, a military traffic policeman stopped these two people and questioned them as to why their vehicle failed to carry a plate number in the front.

The two people told the military policeman that the vehicle had a plate number at the back, but the one which should have been in front was inside the vehicle, near the glass wind-shield. The soldier thereupon demanded that they should surrender the key of the vehicle to him.

This they refused to do, and the soldier in consequence blew his whistle to attract the attention of other military men. Segun Ademola instructed Segun Adams to drive the vehicle in reverse into 14A Agege Motor Road, the property belonging to the Plaintiffs, even though by that time, the soldier had sat on the bonnet of that vehicle to prevent its movement. In addition, there was a traffic hold up around the vehicle, and in no time, the vehicle was virtually besieged by soldiers.

Segun Ademola took another step. He decided to make a report to his boss, the 2nd Plaintiff. What has not been clear from the evidence was whether Segun Adams, whom Segun Ademola sent to make the report, returned to the scene.

However, what follows is to be gathered from the evidence in court as put together by the learned trial Judge. The soldiers got hold of Segun Ademola and beat him to pulp. One Balogun, a driver helped to convey him to 14A Agege Motor Road where he remained quite helpless. The 2nd Plaintiff got the narration from Segun Ademola and then ordered that Segun Ademola be taken to the hospital.

Meanwhile, soldiers had massed outside the gate of 14A Agege Motor Road. The soldiers would like to enter the house to arrest Segun Ademola but 2nd Plaintiff would not yield. He demanded their warrant. More Soldiers arrived. The evidence talked of about 500 of them and they carried guns. The 2nd Plaintiff retired to the balcony of the house. A Mercedes Benz car arrived and the 5th defendant, Major Daudu was alleged to have spoken to the occupant of the car. The car then left and immediately after that, the soldiers rained stones, bottles and other misiles towards 14A Agege Motor Road.

It was just after this that the 3rd Plaintiff, Dr. Beko Ransome-Kuti came in. He went to join the 2nd Plaintiff upstairs. Then, more soldiers arrived, And the evidence was that they came from the nearby Abalti Barracks, They carried arms and warned people, by a display of a signpost, against the people risking being shot. 2nd Plaintiff remained on the balcony which had now been barricaded with chairs and tables. Then, for a while the missile attack stopped but the generator outside and the van on which it stood were already on fire. Again, the evidence was that it was a soldier, the 7th defendant, Corporal Ago, who poured petrol on the generator while one Lawal, another soldier struck the match.

Now, the soldiers advanced to the gate, cut down the wire fences and moved into the compound of the house, There was a stampede, with the soldiers throwing out everybody in the house except 1st Plaintiff Dr. (Mrs.) Olufunmilayo Ransome-Kuti and the third, her son, Dr. Beko Ransome-Kuti. But the soldiers did not stop there. They moved into the main house, set fire to it and razed it to the ground. That was not all! There was looting, beating up of the occupants of the house and the women therein assaulted. And, as if that was not enough the inmates were marched into Army barracks. The two brothers, Fela and Beko, also with them. The injuries these people suffered are better described in the evidence of Mr. Amechi Obiora, a Consultant Surgeon in Lagos University Teaching Hospital who treated them. He said there were 52 patients, 5 of whom were admitted into the Hospital and the injuries they suffered ranged from laceration, burns, head injuries, minor bruises and even breaking of bones, Both the 1st and the 2nd Plaintiffs were among those admitted into the hospital.

These then were the facts. They were no doubt grim and upon these facts the plaintiffs brought a suit.

The Suit:

claiming “N25,000,000.00 (Twenty-five Million Naira) against the Defendants jointly and severally being damages suffered by the plaintiffs when the defendants by their servants and or agents on Friday 18th day of February 1977, willfully and maliciously set fire to the plaintiffs’ 2-storey Building House and Bungalow and appurtenances situate at No. 14A Agege Motor Road, Yaba, Lagos together with other plaintiffs’ personal effects, valuable properties, cash, professional and or business equipments, including motor vehicles and buses, all of which were totally destroyed by the said fire set to them by the defendants: And for Assault and Battery suffered by the plaintiffs.”

It is to be noted at this stage that the claim was severally and jointly. Most of the paragraphs of the Statement of Claim are also relevant, especially as to the nature of the action, which, indeed is very important, and which will later be discussed in this judgment. These are paragraphs 4 – 14. “4. The first, second, third and fourth defendants, are being sued in represent alive capacities in their official positions; the fourth being as Garrison Commandant of Abalti Barracks, Yaba, Lagos.