Weeping In Court As Judge Dismisses Case Of Extra-Judicial Murder

It was a pitiable sight at the Anambra State High Court complex in Awka Thursday, as members of the family of the late Onyeka Agupugo from Agulu in Anaocha local government area of Anambra State, who was murdered by the police at a check point in Agulu on Agust 11, 2010, wept uncontrollably when a High Court Judge dismissed the case of the murder for lack of merit.

COURTOnyeka, 29, who was a building contractor before his death, was riding on a motorcycle with another person when the police accosted them at the popular Nwagu junction in Agulu only for one of the policemen to fire at him on the chest following a minor argument over how much to part with.

Onyeka’s wife, Chinenye, who was four months pregnant when the husband was murdered and her mother in-law, Mrs. Florence Agupugo, caused a stir at the court premises by shedding tears and wailing, and it took the intervention of their relations who accompanied them to court to calm them down. They had gone to court to enforce the fundamental right of their husband and son.

Against their expectation, however, the presiding judge, Justice C.A. Emembolu, in dismissing the matter brought to court by Chinenye and her mother in- law, held that ‘the right to life dies when the owner dies.’

Chinenye, who told Saturday Vanguard that the child she put to bed after the death of her husband is one year and four months at present, said her worry is that she has nobody to take care of her and the child, since her late husband was the breadwinner of the family.

Amidst sobs she said: “After the death of my husband, the police promised to come to our aide, but up till now, nothing has been done.  Rather, they are in court defending the person who killed my husband and on top of that the Judge has dismissed the matter. I am confused and this judgment has brought back the memories of what I went through immediately I was informed of the death of my husband.

“Some people are treating this matter as if it was a fowl that was killed, forgetting that it was a full fledged human being who had family and other relations to cater for.

“We had gone to court hoping that court would prevail on the police to pay compensation to the family, but here we are going home dejected. Our lawyer has told us that he will appeal the judgment and we are giving him the go ahead.

1 COMMENT

  1. This is quit unfurtunate…and unbearable..i wnda wia d learned judge based his judgement on…wit due respect dis is a misinterpratation of sect 33 of the constitution…b.cos,dat right to life is absolute..and was enshrined in d constitution to protect the said life even wen d person is dead…dats y d fundamental right enforcement proceedure rule of 2009…gives locus to any person to lay claim on d said right even d survivings of d deceased…..Dis Judgent spells doom for all of d living,b.cos it jst means dat any body can kill and once u are killed…forget abt it,hence dat rite is gone once u are dead…i tink d Nigeria Bar Association shud rise to dis and protect dis poor lady,rule of law,and human existence…. And d supiror court shud upturn dat judgment and sanction d judge dat presided on dis matter..