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 restriction of his freedom of movement or association would not have arisen or a threat to arrest and detain him would not have been made by the 9th to 11th respondents allegedly on the instruction of 2nd to 8th respondents.”
The court said only a state High Court had jurisdiction to determine a child’s parternity, since it has to do with the common law.
Besides, the right to participate in a burial rite was not part of the fundamental rights listed in the Constitution, the judge held.
“As regards the subject matter of this suit, I have no jurisdiction to determine the suit, reason being that the principal claim does not fall within the provisions of Chapter 4 of the 1999 Constitution.
“In the final analysis, I have no jurisdiction to entertain the suit. This suit is accordingly struck out with no order of cost.”
The court also held that Debe’s claim that he was prevented from participating in the control and management of the family company, Ojukwu Transport Ltd, could not be entertained under fundamental rights suit.
