Family sues IG, others over member’s alleged murder

ALLEGING illegality, the family of the late Chukwuemeka Lekwauwa, who was allegedly murdered by the police on February 26, 2011 at Umunwanwa Umuopara  community, Umuahia South Council in Abia State has sued the Inspector-General of Police (IG) and Abia State Commissioner of Police, claiming N100 million as damages.

In the suit filed at the Federal High Court, Umuahia, with Corporal Usman Musa, who allegedly shot the victim as a co-defendant, the victim’s family is praying the court to declare that the extra-judicial murder of Chukwuemeka by the respondents is illegal, unconstitutional and a gross violation of his constitutional right to life, as enshrined under section 33(1) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, the African Charter and Universal Declaration of Human Rights.

They are also praying the court to compel the respondents to publicly apologise and pay a compensatory amount of N100 million to the applicant, jointly and severally as damages pursuant to section 35(6) of the 1999 Constitution of the Federal Republic of Nigeria as amended and for further consequential Orders as the court may deem fit to make in the interest of justice.

The reliefs sought by the plaintiffs are predicated on the ground that the alleged extra-judicial killing of Chukwuemeka by the respondents for no reason or offence committed, violated the late Chukwuemeka’s right to life and fair hearing as protected under section 33 and 36 of the 1999 Constitution.

They contended that their deceased brother went for his lawful professional duty on February 26, 2011 and was murdered by the respondents thereby violating his constitutional Rights as provided under sections 33, 34 and 36 of the 1999 constitution.

The plaintiffs through their counsel, Ibeh Dan, further prayed the court to declare that the summary execution of their brother and husband without justification was a gross violation of the deceased fundamental right to life.

Also in a 43-paragraph affidavit deposed to by the deceased brother, Mr. Sylvanus Lekwauwa, the plaintiffs averred that the deceased, who was his immediate younger brother and married to two wives with five children, was a reputable musician in Abia State.

According to the plaintiffs, the children of the deceased had been withdrawn from the school because there was no one to sponsor them.

The plaintiffs stated further that the culprits were all arrested and taken to Ubakala Divisional Police and that the Police Corporal could not advance any reason for doing what he did.

Hearing on the matter has been adjourned till June 5, 2012 by Justice M.G. Umar.