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
