The family of the late Ikemba Nnewi, Chukwuemeka Odumegwu-Ojukwu, has urged a Federal High Court, Lagos, to dismiss a N100million suit filed against them by Debe Odumegwu-Ojukwu, who claims to be the warlord’s “first son”.
In counter-affidavits filed through their lawyer, George Uwechue (SAN), they said the applicant was not listed in their father’s Will as one of his children.
Debe sued Ojukwu Transport Limited, Prof Joseph Ojukwu, Emmanuel Ojukwu, Lotanna Ojukwu, Ambassador Bianca Odumegwu-Ojukwu, Emeka Odumegwu-Ojukwu and Patricia Ojukwu.
He also joined Mrs Margaret Mogbo (nee Ojukwu), Inspector-General of Police Mohammed Abubakar, a former Anambra State Commissioner of Police Ibrahim Muktar and a Deputy Commissioner of Police in Anambra State Mr Mike Okoli as respondents.
The applicant filed the suit on October 5 last year seeking a declaration that the alleged threat to life by the respondents amounted to a violation of his rights.
Debe said the family asked him to cease from interfering in the management of the real and personal property owned by Ojukwu Transport Limited and his grand-father, Sir Odumegwu Ojukwu.
He alleged the threats culminated in his being denied an opportunity to perform the dust-to-dust funeral rites as first son during his “father’s” funeral.
Debe sought N100 million as exemplary and punitive damages against the respondents for the alleged violation of his fundamental rights as enshrined in Section 33 of the 1999 Constitution.
But Emeka Odumegwu-Ojukwu, in a counter-affidavit, said he was not aware of any Margaret who had even been his late father’s wife.
“The applicant, to the best of my knowledge, as well as to the Ojukwu family, is not and has never been a grand-child of the late Sir L.P.O Ojukwu.
“The applicant is not the son or the first son of my father, Dim Chukwuemeka Odumegwu Ojukwu.
“The last Will and Testament of my late father, dated the July 9, 2005, duly certified by the Probate Registry Enugu, did not include the name of the claimant in the list of his eight children.
“I was listed as No. 2 and the eldest male child. He (late Ikemba Nnewi) specifically named me as his ‘first son’,” the respondent said.
He recalled that Debe had filed a similar suit at the Lagos State High Court, Igbosere, where he is praying the court to declare that he is the eldest son.
“In that suit, I have categorically denied in my defence that the applicant is a son of my late father.
“The applicant was not prevented from performing the traditional funeral rites for a man he claims to be his father.
“Nnewi community has its customs and these are respected by all indigenes of Nnewi community. A son cannot be prevented from doing what the custom permits him to do.
“No threat was ever made by me to the life of the applicant,” Emeka added.
Debe, in an affidavit in support of his suit, said he was trained solely by his mother until he was compelled by circumstances to join the Nigeria Police Force in 1976.
According to him, he was doing well as a policeman when the respondents asked him to manage Ojukwu Transport Ltd, owned by the late Odumegwu Ojukwu, his grandfather.
He said he managed the firm effectively with his expertise, until the death of his father, when problems began.
The respondents, he alleged, suddenly asked him to hands off the company, which he had been handling so well.
“They used me to salvage the company that had become moribund and wasting, and later resolved to dump me.
“When my father died, I travelled to London to confirm the situation, but before I returned to Nigeria, the first to fourth respondents had taken over my father’s house.
“They took the task of organising a befitting burial for the deceased, a duty which is traditionally the function of the eldest son,” he said.
Justice Okon Abang adjourned hearing till October 7.
