Diya, others to pay undertaker N5.5m for assault

JULY 2, 2013  

General Oladipo Diya (retd)

A Lagos High Court, Ikeja, has ordered a former Chief of General Staff, Lt.-Gen. Oladipo Diya (retd.), and other directors in his Lagos-based funeral services firm, Lotad Funeral Services Ltd., to pay N5.5m as damages for assaulting and battering a mortician, Mr. Oluwatosin Onamade, in 2008.

According to a judgment delivered by Justice Opeyemi Oke on Monday, out of the N5.5m, N500,000 stood for the cost incurred by Onamade to prosecute the case against Diya and others.

Also, the defendants are to pay Onamade N20,000 being the outstanding balance for the preparation of a proposal for the refurbishment of the  funeral services company.

The court also ordered them to immediately return to him all his belongings, comprising a Mercedez Benz (190 model), N72,000 cash, wrist watch, laptop and phones, among other items, which were said to have been unlawfully seized from him.

He had through his counsel, Mr. Wahab Shittu, on October 24, 2008, instituted the suit against Diya and others, accusing them  of assault, battering, unlawful seizure of his belongings and frustrating the contract he had with them to run the company for a renewable one year period.

Oke, in her judgment, described the action of the defendants, including Diya, as “an example of impunity” executed to force Onamade out of the management of the company.

“The action of the defendants is condemnable; it is an arbitrary use of power,” Oke held.

She held that the defendants took the law into their hands by assaulting and battering the claimant as well as unlawfully seizing his belongings when they attempted to force him to sign a backdated resignation letter on July 31, 2008.