Southern Kaduna Group Sues Umahi over Mary Habila’s Death, Seeks Autopsy, N20bn Damages

 Alex Enumah in Abuja

The Incorporated Trustees of the Southern Kaduna Peoples’ United Associations (SOKAPU) has sued the Minister of Works over the death of nurse Mary Habila, who died at his residence.

A civil society organisation, the Kwechiri Unity Forum, had earlier filed a lawsuit against the minister and the Inspector-General of Police (IG), Olatunji Disu, alongside others for the same reason.

Habila died on June 27 under controversial circumstances at Umahi’s country home in Uburu, Ebonyi State.

In a suit filed before the Federal High Court in Kaduna, Habila Tanko Wisdom, the deceased’s father; the attorney-general of Ebonyi, and the commissioner of police in the state are also named as respondents.

The association is seeking N20 billion in damages against Umahi for the loss of life resulting from alleged breach of duty of care while the deceased was in his custody.

SOKAPU is asking the court to declare that Mary’s death took place under “unexplained, controversial and unnatural circumstances”. 

The group further argued that the “hurried” removal of the corpse to a mortuary without a formal report to the Nigeria Police Force (NPF) violated the constitutional right to life guaranteed by section 33, and Article 4 of the African Charter on Human and Peoples’ Rights.

The applicant also urged the court to hold that the alleged absence of a prompt, independent and transparent medical autopsy and police investigation into the circumstances leading to Mary’s death amounts to a “continuing violation” of fundamental rights to life. 

SOKAPU sought an order directing the respondents, particularly the Attorney-General of Ebonyi State and the Commissioner of police, to facilitate an independent, open and impartial autopsy to be conducted by a team of pathologists and other medical experts drawn from Ahmadu Bello University Teaching Hospital, Zaria; the University College Hospital (UCH), Ibadan; and the National Hospital, Abuja.

The association asked the court to compel the police to conduct a comprehensive investigation into the cause of her death before the corpse is released for burial.

Meanwhile, Kwechiri Unity Forum’s suit, which was filed through its legal team, led by Eziafa Enwedo, before the Federal High Court in Abuja on July 17, asked the court to compel the IG and the Nigeria Police Force to investigate Habila’s death and conduct a formal autopsy on her body.

It appealed to the court to declare that public authorities have a duty to protect evidence that may aid an investigation into unexplained deaths.

The group asked the court that Habila’s death ought to be investigated impartially, irrespective of the status or office of the person who possesses relevant information.

The CSO prayed the court to grant an interim injunction, restraining the respondents from “releasing, burying, interring, cremating or otherwise disposing of the body of the late Mary Habila pending the hearing and determination of the substantive suit.”

The group also asked the court to order the respondents to preserve all available evidence relating to Ms Habila’s death pending the conclusion of the investigation into her death.

It further asked the court to order the respondents to comply “with recognised forensic and investigative standards where appropriate.”

The CSO said the suit was filed because it is a public interest organisation and that credible media publications have generated substantial public concern about the incident.

It argued that the Nigerian Constitution imposes a “positive obligation” upon the government to protect and ensure effective investigations into suspicious deaths.