Friday, January 10, 2014

CHIEF OJUKWU: Court Strikes Out Son's Suit Against Siblings


photo - CHIEF OJUKWU: Court Strikes Out Son's Suit Against Siblings
On Friday, a Federal High Court in Lagos struck out a suit filed by Chief Debe Ojukwu over alleged breach of his fundamental human rights by his siblings.
To enforce his rights, the applicant had stated that he is the eldest son of the late Chief Odumegwu Ojukwu in the suit dated October 5, 2012. He sought an order to restrain them from threatening his life, asking for N100 million as exemplary damages.
The respondents are Prof. Joseph Ojukwu, Emmanuel Ojukwu, Lotanna Ojukwu, Bianca Ojukwu (wife), Patrick Ojukwu, Patricia Ojukwu and Margaret Ojukwu. 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.
Justice Okon Abang, however, said the court lacked jurisdiction to entertain it and held that the suit was liable to be struck out as it did not follow the procedure.
"The applicant should not have brought this suit under the Fundamental Rights Enforcement Procedure Rules, but as a proper action.
"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," Justice Abang said.
In an affidavit, Ojukwu averred that since his birth as the first son of the late Ojukwu, he had been unfairly treated by his family.
According to him, the respondents had invited him to come and oversee Ojukwu Transport Company owned by their late father.
He stated that he managed the company effectively until the death of his father when things began to fall apart for him.
The applicant said he was suddenly informed by the respondents to hands off the company.

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