A Federal High Court in Port-Harcourt has struck out the fundamental rights enforcement suit brought by widow of late Port-Harcourt mechanic, Adaugo, over alleged killing of her husband, Chima Ikwunado, under police detention.
Presiding judge of the court, Justice J.K. Omotosho, struck out the case on Tuesday on the request by the prosecution that the suit be withdrawn.
The prosecuting counsel, Barrister (Mrs) Princess Chinyere Lawrence, had on Tuesday asked for the court’s permission to withdraw the suit.
But counsel for the respondents, Barrister Sokari Egop, asked the court to dismiss the suit and award cost of N100, 000 against the applicant.
In his ruling, Justice Omotosho said he was striking out the case and not dismissing it implying that the parties could still come back to the court for adjudication of the matter and advised counsels to do proper research on the matter that would assist the court to attain justice.
He said it was the right to life of the deceased that was breached and not right to life of the applicant whether the applicant is widow or father of the deceased.
He told the defence counsel he filed his application out of time and so did not join any issue and said that he would not award cost against the applicant.
Justice Omotosho said he believed in substantial justice where facts would come into play to prove that police actually killed the late Chima Ikwunado.
The late Chima Ikwunado was allegedly tortured to death by officers attached to Eagle Crack Squad in Mile 1 Police Station in Port-Harcourt.
Also, a fundamental rights application by father of the deceased came up before the court on Tuesday.
The prosecuting counsel, Barrister (Mrs) Princess Chinyere Lawrence, asked the court for permission to withdraw the suit but the counsel for the police, A.A Jonah, appealed to the court to dismiss the suit arguing that it was an abuse of court process. He also said he had made preliminary objection to the suit but said he would not ask for cost against the applicant.
In his ruling, the presiding judge, Justice J.K. Omotosho, said that he was striking out the case and not dismissing it.
In an interview, counsel for the police, Barrister Sokari Egop said: “Today, the applicant counsel applied to withdraw the suit having seen the deficiency in what she has filed. We actually applied for dismissal but the court must do justice. (So) these are the reasons he struck out the two applications.”
He said that the first suit was filed by the widow of late Chima Ikwunado while the second suit was filed by the father of the deceased, saying that it was an abuse of court process.
Counsel for the family of the deceased, Barrister (Mrs) Princess Chinyere Lawrence, declined to speak with newsmen when approached for an interview. It appeared though that she did not make good presentation of her case in court.
However, she had told the court at Tuesday’s hearing on March 11 that so many family members were affected by the death of the late Port-Harcourt mechanic.
She told newsmen in an interview the family was demanding N10billion compensation for the death of the late Port-Harcourt mechanic, saying it was “at least to make the police to sit up”.
