The Federal High Court in Lagos yesterday struck out a N100 million suit against the family of the late Ikemba Nnewi, Chief Chukwuemeka Odumegwu-Ojukwu.
The suit was filed by Chief Debe Odumegwu Ojukwu, who claims to be the warlord’s first son.
He sought the sum as damages for allegedly being excluded by some family members from participating in the burial rites of his late ‘father’.
Justice Okon Abang held that the court lacked jurisdiction to determine whether or not the applicant’s rights were breached.
The judge said the issue of alleged breach of rights was merely incidental to the issue of the applicant’s paternity, which the court lacked jurisdiction to entertain.
“This court cannot conveniently determine how the applicant was humiliated or discriminated against at the burial obsequies of the deceased without determining the parternity issue, whether the applicant is a child or the eldest son of the deceased.
“In the same vein, this court, under Fundamental Rights Procedure Rules or under Section 251 of the 1999 Constitution has no jurisdiction to determine the issue relating to applicant’s paternity.
“Until the paternity issue is resolved, the court that has the jurisdiction to entertain the case cannot really resolve the case of his alleged exclusion from performing the dust-to-dust funeral rite of the deceased,” the judge held.
Justice Abang added: “Put differently, if the applicant was allowed to take part in the funeral rite of the deceased or if the respondents did not allege that the applicant is an illegitimate child of the deceased, the alleged issue of discrimination, humiliation and restriction of his freedom of movement or association would not have arisen or a threat to arrest and detain him would not have been made by the 9th to 11th respondents allegedly on the instruction of 2nd to 8th respondents.”
The court said only a state High Court had jurisdiction to determine a child’s parternity, since it has to do with the common law.
Besides, the right to participate in a burial rite was not part of the fundamental rights listed in the Constitution, the judge held.
“As regards the subject matter of this suit, I have no jurisdiction to determine the suit, reason being that the principal claim does not fall within the provisions of Chapter 4 of the 1999 Constitution.
“In the final analysis, I have no jurisdiction to entertain the suit. This suit is accordingly struck out with no order of cost.”
The court also held that Debe’s claim that he was prevented from participating in the control and management of the family company, Ojukwu Transport Ltd, could not be entertained under fundamental rights suit.
Abang added that for a claim to fall under fundamental rights proceedings, it must be clear that the principal relief is for the enforcement of a fundamental right and not from the nature of the claims to reverse a grievance that is incidental to the principal relief which is not a claim for right enforcement.
The family, in their counter-affidavit, said the applicant was not listed in their father’s Will as one of his children.
Debe sued Ojukwu Transport Limited, Prof Joseph Ojukwu, Engr Emmanuel Ojukwu, Mr Lotanna Ojukwu, Ambassador Bianca Odumegwu-Ojukwu, Mr Emeka Odumegwu-Ojukwu and Mr Patricia Ojukwu before Justice Okon Abang.
He also joined Mrs Margaret Mogbo (nee Ojukwu), Inspector-General of Police Mohammed Abubakar, a former Anambra State Commissioner of Police Ibrahim Muktar and a Deputy Commissioner of Police in Anambra State Mr Mike Okoli as respondents.
The applicant filed the suit on October 5, 2012, seeking a declaration that the alleged threat to life by the respondents amounted to a violation of his rights.
Debe said the family asked him to cease from interfering in the management of real and personal properties owned by Ojukwu Transport Limited and his grandfather, Sir Odumegwu Ojukwu.
He alleged the threats culminated in his being denied an opportunity to perform the dust-to-dust funeral rights as first son during his ‘father’s burial rites.
Debe sought N100 million as exemplary and punitive damage against the respondents for the alleged violation of his fundamental rights enshrined in Section 33 of the 1999 Constitution.
But Emeka Odumegwu-Ojukwu, in a counter-affidavit, said he was not aware of any Margaret who had been his late father’s wife.
“The applicant, to the best of my knowledge, as well as to the Ojukwu family, is not and has never been a grandchild of the late Sir L.P.O Ojukwu.
“The applicant is not the son or the first son of my father, Dim Chukwuemeka Odumegwu Ojukwu.
“The last Will and Testament of my late father, dated the 9th day of July 2005, duly certified by the Probate Registry Enugu, did not include the name of the claimant in the list of his eight children.
“I was listed as No. 2 and the eldest male child. He (late Ikemba Nnewi) specifically named me as his ‘first son’,” the respondent said.
He recalled that Debe had filed a similar suit at the Lagos State High Court, Igbosere, where he is praying the court to declare that he is the eldest son.
“In that suit, I have categorically denied in my defence that the applicant is a son of my late father.
“The applicant was not prevented from performing the traditional funeral rites for a man he claims to be his father.
“Nnewi community has its customs and these are respected by all indigenes of Nnewi community. A son cannot be prevented from doing what the custom permits him to do.
“No threat was ever made by me to the life of the applicant,” Emeka added.
Debe, in an affidavit in support of his suit, said he was trained solely by his mother until he was compelled by circumstances to join the Nigeria Police Force in 1976.
According to him, he was doing so well as a policeman when the respondents asked him to manage Ojukwu Transport Ltd, owned by the late Chief Odumegwu Ojukwu, his grandfather.
He said he managed the firm effectively with his expertise, until the death of his father, when problems began.
The respondents, he alleged, suddenly asked him to hands off the company, which he had been handling so well.
“They used me to salvage the company that had become moribund and wasting, and later resolved to dump me.
“When my father died, I travelled to London to confirm the situation, but before I returned to Nigeria, the first to fourth respondents had taken over my father’s house.
“They took the task of organising a befitting burial for the deceased, a duty which is traditionally the function of the eldest son,” he said.
The applicant claimed he was invited to a meeting by the respondents, where they warned him not to interfere with the transport company anymore, and to withdraw the suit in court, or be killed. Click to signup for FREE news updates, latest information and hottest gists everyday
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