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
