A Federal High Court in Lagos on Friday cancelled out a suit filed by Chief Debe Ojukwu over alleged breach of his fundamental human rights by his siblings.
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The applicant, who averred that he is the eldest son of the late Chief Odimegwu Ojukwu, had filed the suit on Oct. 5, 2012 to enforce his fundamental human rights.
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He sought an order to restrain them from threatening his human life and asked for N100 million as exemplary damages.
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Others are the Inspector General of Police, Assistant Inspector General of Police, Mr Ibrahim Muktar and Deputy Commissioner of Police in Anambra, Mr Mike Okoli.
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Delivering his judgment on Friday, Justice Okon Abang struck out the suit on the grounds that the court lacked jurisdiction to entertain it.
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The judge held that the suit was liable to be struck out as it did not follow the procedure.
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“The applicant should not have brought this suit under the Fundamental Rights Enforcement Procedure Rules, but as a proper action.
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“In the circumstance, this court lacks jurisdiction to entertain the suit. The case is accordingly struck out for want of jurisdiction with no order as to cost, I so hold,” Abang said.
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Ojukwu had in an affidavit averred that since his birth as the first son of the late Ojukwu, he had been unfairly treated by his family.
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According to him, the respondents had invited him to come and oversee Ojukwu Transport Company owned by their late father.
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He said managed the company effectively until the death of his father when things began to fall apart for him.
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The applicant said he was suddenly informed by the respondents to hands off the company.
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Ojukwu said he refused to step down as manager of the company, but filed an action in court to challenge his siblings.
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He claimed that since he instituted the suit the respondents had been using the police to threaten his life and persuading him to withdraw the suit.
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Ojukwu added that as a result of the suit, he was also denied the right as the eldest son to perform the traditional dust-to-dust rite for his father.
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Counsel to the respondents, Mr George Uwechue (SAN), in his counter-affidavit, had urged the court to dismiss the applicant’s suit, describing it as an abuse of court process.
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Uwechue argued that the applicant was merely “making a mountain out of a mole hill’’and urged the court to strike out the suit for lack of merit.
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