By Onyekachi Eze
The Federal High Court sitting in Owerri has commenced the hearing of a law suit filed by the family of a murdered Imo based business man from Ngor Okpala LGA, Late Noel Ezeribe Chigbu who was allegedly shot dead by the Nigerian Army on April 30, 2021.
In a suit No FHC/OW/CS/69/2021, the Applicant who is the elder brother to the deceased, Mr Tobechi Chigbu, prayed for the enforcement of the fundamental rights of his killed brother, Noel Chigbu.
At the commencement of the hearing the Lead Counsel to the Applicant, Chief Godwin Ononiwu Anyalemechi Esq, told the court that Respondents 1,3, and 4; The Chief of Defence Staff, Governor of Imo State, and Commander 34 Artillery Brigade Obinze, respectively have all been duly served, except for the 2nd Respondent which is the Chief of Army Staff that has refused to be served through rejections of Notice of Service served him since two months ago.
Barr Anyalemechi through a motion exparte prayed the court to grant the Applicant the right for substituted service on the Chief of Army Staff through a publication on any of the National Dailies, precisely PUNCH.
Further considering the welfare of the family of the deceased, he prayed the court to grant the family right to conduct an autopsy on the body of the killed man to ascertain if truly it was an Army bullet that shot him dead or not.
He posited that while Army people were on their constitutional duty, they allegedly verred and their bullet killing Noel Chigbu who was at the Amakohia flyover as at that time.
The Defence Council, LB Erepichi submitted that in the military, their processes are cumbersome as it goes through many stages. He therefore said the Respondents would do the needful once served.
After hearing both parties, the Chief Judge, Justice Maureen Onetunu granted the applicants prayers for a substituted service on the Chief of Army Staff (2nd Respondent), and adjourned matter to December 2, 2021.
