Who Killed These Men?

The puzzle is what an Edo High Court is trying to solve
Kunle AKINRINADE

The circumstances leading to the death of Ndubuisi Christian Nnalue, Godwin Isidielu, Chukwudi Eke, Uche Onwuesi and Chinedu leaves many questions than answer. Are they actually victims of extra judicial killing?
This poser will find answer in the matter now before Hon. Justice A.A. Okeke of the Federal High Court, Benin, Edo State.
The deceased persons were allegedly suspected to be kidnappers and they were being detained at the State Criminal Investigation Department (SCID) Edo States where they allegedly died in controversial circumstances.
In a sworn affidavit filed before the court by one of the deceased’s person’s brother Chibuike Nnalue, he alleged that on Thursday October 14, 2010 at about 6pm, his cousin Chukwudi Eke was driving home in his Audi 80 car in company of a friend when he slowed down and applied a break. He averred that a certain couple in a Golf car suddenly smashed Eke’s car from the behind damaging the rear of the car. Instead of owning up, the owner of the car called Victor Okakah turned around to blame his late cousin for being responsible for the accident and his action did not go down well with Eke’s friend, Chinedu who in annoyance banged on the Golf car damaging its rear thus fueling the already tensed situation at the scene of the incident.
Chibuike averred that following a hot argument between the occupants of the two cars which subsequently degenerated into a fight Okakah’s wife raised the false alarm that Eke and his friend were kidnappers thus attracting the attention of some policemen from the nearby Oregbeni Police Station, Ikpoba Hill, Benin City, to the scene of the incident leading to the arrest of Eke and Chinedu.
He averred further that in attempt to secure bail for the duo, three other persons were allegedly arrested and detained at the police station before being transferred to the State Criminal Investigation Department (SCID).He claimed that the news of the controversial death of the five men was broken to other family members who went to secure their bail at the SCID on Saturday October 16, 2010.
The applicant contended that there is absolutely no reason for the killing of the deceased persons who, in the eyes of the law are presumed innocent until proven guilty of the offence by court.
In a writ of summons(FHC/B/CS/19/2011) filed by Barrister Chris Nwadigo on behalf of Ifeoma Nnalue and 22 family members of the deceased’s persons against the Inspector General of Police and 11 others seeking the enforcement of fundamental human rights of the victims, the plaintiffs are seeking among other reliefs, a declaration that the arrest, detention and killings of late Messrs Ndubuisi Christian Nnalue, Godwin Chigbo Isidielu, Chukwudi Eke, Uche Onwuesi and Chinedu, the breadwinners of the applicants at their prime of their youth, by the respondents and /or their agents, on or about 16th day of October 2010 at Benin City, Edo State is unlawful, unconstitutional, illegal and gross violations of the right to life of the deceased persons guaranteed under Section 33 of the 1999 Constitution and Article 4 of the African Charter on Human and Peoples Rights,1948.A declaration that the arrest, detention and killings of Messrs Ndubuisi Christian Nnalue, Godwin Chigbo Isidelu, Chukwudi Eke, Uche Onwuesi and Chinedu, the bread winner of the applicants at the prime of their youth, by the respondents and/or their agents, on or about 16th day of October,2010 at Benin City, Edo State without any investigation and without giving the deceased persons any opportunity of defending themselves or without charging or arraigning the deceased persons before any court or tribunal is unlawful, unconstitutional, illegal and gross violations of the right to fair hearing of the deceased persons guaranteed under Section 36 of the 1999 Constitution of the Federal Republic of Nigeria and Article 7 of the African Charter on Human and Peoples Rights of 1948.A declaration that the killings of late Messrs Ndubuisi Christian Nnalue,Godwin Chigbo Isidelu,Chukwudi Eke,Uche Onwuesi and Chinedu,the breadwinner of the applicants at the prime of their youth by the respondents and/or their agents on about 16th day of October 2010 at Benin City, Edo State on the notion or erroneous belief and /or branding or characterization of the deceased persons as ‘kidnappers’ is unlawful, unconstitutional, illegal and gross violations of the rights to dignity of human persons guaranteed under the 1999 Constitution of the Federal Republic of Nigeria and Article 5 of the African Charter on Human and Peoples Rights(Ratification and Enforcement) Cap A9 Laws of the Federation of Nigeria,2004 and Article 5 of the Universal Declaration of Human Rights.
In the suit, the plaintiffs are seeking N1b damages for the death of the deceased persons. In the particulars of aggravated damages, the plaintiffs stated that ‘the police authorities despite their awareness of the fact that the matter leading to the arrest and detention of the deceased persons was a minor motor accident involving only two of the deceased persons namely; Messrs Chikwudi Eke and Chinedu and the complainant(s), they still refused and neglected to investigate the matter even after seeing the vehicles involved. Even when the complainants confessed that it was not a case of kidnapping, but an accident, the police still went ahead to summarily execute the five innocent young fellows within two days of arrest and detention based on false and malicious allegations of kidnapping’
However, in a joint counter affidavit deposed to by Pius Omorodion,a police officer attached to the SCID,Benin he averred that it was untrue that the deceased persons were not killed by policen while in detention adding that they died when they were led by policemen to effect the arrest of their kingpin. He averred further that the deceased persons were ambushed by their gang members with heavy sporadic shooting and that they sustained injury during the ambush which subsequently led to their death while being taken to hospital for treatment.
Counsel to the respondents, Barrister Osadolor Okunkpolor opposed the reliefs being sought by the plaintiffs.
The defence counsel in the preliminary objection averred that the
Fundamental rights as enshrined in chapter IV of the Nigerian Constitution are not enforceable by dead persons and are not enforceable on their behalf and that the rights which the applicants seek to enforce do not constitute part of the rights protected within the provisions of Chapter IV.
Counsel to the respondents argued further that two or more persons cannot file an application for the purpose enforcing their fundamental rights and that members of a family cannot maintain a joint action for the enforcement of their fundamental right.
Counsel to defendants averred that parties named in the application for the enforcement of fundamental rights have not been properly described or identified because the affidavit of Chibuike Nnalue in support of the application for the enforcement of fundamental rights is incompetent for failure to comply with the provisions of the Evidence Act.
Further hearing in the matter continues.