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FORM OF WRIT OF SUMMONS
General Form of Writ of Summons
IN THE HIGH COURT OF THE FEDERAL
CAPITAL
TERRITORY
IN THE
ABUJA
JUDICIAL DIVISION
HOLDEN AT
ABUJA.
SUIT NO.CV/80/09
BETWEEN:
1. MRS.
AGATHA ATUORAH
{for
herself and as next friend to:
(a)
Chima Atuorah
(b)
Chidera Atuorah
(c)
Chinaza Atuorah
Children of late Chief Michael Atuorah}
2.
Mr.
Gilbent
Atuora
3.
Helen
Atuorah
4.
Afam Atuorah
5.
Chijioke
Atuorah
6.
Okwy
Atuorah
7.
Stella
Okenwa
8.
Amaka Chibuezo
9.
Ogoo
Atuorah
10. Mary
Dbaka
11.
Maria
Okoye
12.
Uju
Atuorah
13. Ebele
Osakwe
14.
Ify
Osakwe
15. Ghiamaka
Atuorah
16. Chioma
Osakwe
17.
Oyinye
Osakwe
18. Chizee
atuorah
19.
Rose Ejiofor
20.
Eunice
Dike
21.
Chinyere Atuorah
22. Uchenna
Atuorah
23.
Nkechi Atuorah
24.
Ifeanyi
Atuorah
25.
Ukamaka Atuorah
26.
Kingsely
Atuorah
27.
Ebele Atuorah
28.
Aneli Ejiofor
29.
Ifeyinwa
Ejiofor
30.
Chinenye Ejofor
31.
Abuchi Ejiofor
32.
Chima Ejiofor
33.
Chukwuchebe Ejiofor
34.
Ogonna Ejiofor
35.
Onyinye
Ejiofor
36.
Chizo
ba Dike
37.
Nwanneka Dike
38.
Uchechukwu
Dike
39. Ebelechukwu
Dike
40.
Nnaemeka
Dike
41. Emeka
Obiefuna
42.
Nneka Obiefuna
43.
Chibuke Obiefuna
44.
Kamsi Obiefuna
45.
Uchema Obiefuna
46.
llincent Obiefuna
47.
Benneth 0biefuna
48.
Cecilia 0biefuna
49.
Clement Obiefuna
50.
Chukwudi Obiefuna
51.
Austin Obiefuna
52.
Ifeanyi
0biefuna
53.
Dilichukwu Obiefuna
54.
Ijeoma Obiefuna
55.
Chidera 0biefuna
56.
Chioma Obiefuna
57.
Emy Obiefuna
58.
Ebube Obiefuna
59.
Ogugua Chinaegbu
60.
Ujunwa Chinaegbu
61.
Uche Chinaegbu
62.
Chikaodili Chinaegbu
63.
Obioma Chinaegbu
64.
Mrs.
Justina Okeke
65.
Ngozi Okeke
66.
Nnoso Okeke
67.
Chidinma Okeke
68.
Chigozie
Okeke
69. Toochukwu
Okeke
70.
Onyinye
Okeke
71. Mrs.
Rosa
Okafor
72.
Obiora 0kafor
73.
Ugochukwu Okafor
74.
Njideka Okafor
75.
ljoma Okafor
76.
Nkechi Okafor
77.
Uche Okafor
78. Egodi
Okafor
79. Ekene
Okafor
80. Ebuka
Okafor
81.
Mrs.
Oboira Joe
82.
Ujuwa Obiora
83.
Nwaka Obiora
84. Nkechi
Obiora
85. Emeka
Obiora
86.
Charles
Obiora
87.
Mrs.
Anuh
Emekwusi
88. Adaora
Emekwusi
89. Oby
Emekwusi
90.
Abum
Emekwusi
91.
Ugoo
Emekwusi
92.
Okenwa
Chibuke
93.
Adaugo
Okenwa
94.
Chiagozie Okenwa
95.
Mr.
John
Oforkansi
96.
Mr.
Solomon Ejiofor
97.
Jovita Okeke
98.
Chinedu Okeke
99.
Chidi Okeke
100.
Aforocha Obiora
101.
George Okaforibe
102.
Bomboy Okaforibe
103.
Christopher Okaforibe
104.
Toochukwu Okaforibe
105.
Chika Okaforibe
106.
Eliza Akubude
107.
Nkiru Akubude
108.
Jude Akubude
109.
Ebere
Akubude
110.
Chinenye Akubude
111.
Nonso Akubude
112.
Anthony Akubude
113.
David Atuorah
114. Raphael
Atuorah
115. Chinedu
Atuorah
116. Lawrence
Osakwe
117. Fedenard
Osakwe
118.
Emeka Osakwe
119. Chima
Osakwe
120.
Gabriel Atuorah
121.
Boniface Ifezue
122.
Kingsley Ofezue
123. Emma
Okafor
124. Christopher
Okafor
125.
Toochukwu Okafor
126.
Beatrice
Atuorah
127. Stella
Osakwe
128. Tita
Ifezue
129.
Unoma Akubude
130.
Threase
Nwaume
131. Cecilia
Okaforibe
132.
Nwauka Okaforibe
133. Ebele
Okoye
134. Uche
Okoye
135.
Okwundu Okoye
136.
Patty
Okoye
137.
Uju
Ezenwoke
138.
Ifenyiwa Ezenwoke
139. UK
Ezenwoke
140. Nnamdi
Ezenwoke
141.
Amaechi Ezenwoke
142.
Sunday
Ezenwoke
143.
Abuchi
Ezenwoke
144.
Ebele Nwume
.PLAINTIFFS
AND
1.
Inspector Tahiru Ali
2.
Inspector Habila Maikefi
3.
Constable Solomon Maikefi
4. The
Commissioner of Police
Federal Capital Territory Command.
5.
Inspector-General of Police
6.
Police Service Commission
. DEFENDANTS
DEFENDANTS
TO
OF
1st,2nd and 4th
Defendants c/o FCT Police Command, Garki,
Abuja.
3rd and 5th
Defendants, of Force Headquarters, Louis
Edet House, Abuja.
6th defendant, Federal
Secretariat,
Abuja.
In the
ABUJA
..Judicial Division of
HIGH COURT,
FCT
..
You are hereby commanded that within
eight days after the service of this
Writ on you, inclusive of the day of
such service, you do cause an appearance
to be entered for you in an action at
the suit.
Of
PLAINTIFF
.and
take notice that in default of your so
doing the plaintiff may proceed therein,
and judgment may be given in your
absence.
DATED this
day of
..
2009
..
REGISTRAR
Memorandum to be subscribed on the Writ.
N.B. This Writ is to be served within
twelve calendar months from the date
thereof, or, if renewed.
Within six calendar months from the date
of the last renewal, including the day
of such date, and not afterwards.
The defendant may enter appearance
personally or by legal practitioner
either by handing in the appropriate
forms, duly completed, at the Registry
of the Federal High Court of the
Judicial Division in which the action is
brought or by sending them to the
registry by registered post.
WHEREOF
the Plaintiff claims against the
Defendants as follows:
1.
A DECLARATION
that the murder of late Chief Michael
Atuorah by the 1st to 3rd
defendants who are agents of the 4th
to 6th Defendants on the 1st
day October 2009 is unlawful and amounts
to illegal and an unjust deprivation of
the plaintiffs of their benefactor and
breadwinner.
2.
AN ORDER
Mandating the defendants jointly and
severally to pay to the defendants the
sum of 1,000,000,000 (one billion
naira) being damages for Loss of
earning, the unlawful, unjust, and
criminal deprivation of the plaintiffs
of their benefactor and breadwinner
and the shock, psychological pain and
trauma occasioned by the sudden death of
Late Chief Michael Atuorah.
3.
AN ORDER
compelling the Defendants to pay to the
Plaintiffs the sum of N100, 000,000 (one
hundred million naira) being cost of
transportation and burial expenses of
Late Chief Michael Atuorah.
4.
FOR SUCH FURTHER ORDER OR OTHER ORDERS
as this Honourable court may deem fit to
make in the circumstances of this case
This writ was issued by
EZEKIEL
UGOCHUKWU, ESQ
OF FESTUS KEYAMO CHAMBERS
Whose address for service is
13 NOUAKCHUTT STREET, NEAR BANK PHB,
WUSE ZONE 1, ABUJA.
Legal Practitioner for the said
Plaintiff who reside at
Abuja
This Writ is to be served by me
at
On the defendant (here insert the mode
of service) on the
day
of
.2009.
Endorsed the
.day of
.2009
.
(Signed)
.
(Address)
IN THE HIGH COURT OF THE FEDERAL
CAPITAL
TERRITORY
IN THE
ABUJA
JUDICIAL DIVISION
HOLDEN AT
ABUJA.
SUIT NO.CV/80/09
BETWEEN:
1. MRS.
AGATHA ATUORAH
{for
herself and as next friend to:
(d)
Chima Atuorah
(e)
Chidera Atuorah
(f)
Chinaza Atuorah
Children of late Chief Michael Atuorah}
2.
Mr.
Gilbent
Atuora
3.
Helen
Atuorah
4.
Afam Atuorah
5.
Chijioke
Atuorah
6.
Okwy
Atuorah
7.
Stella
Okenwa
8.
Amaka Chibuezo
9.
Ogoo
Atuorah
10. Mary
Dbaka
11.
Maria
Okoye
12.
Uju
Atuorah
13. Ebele
Osakwe
14.
Ify
Osakwe
15. Ghiamaka
Atuorah
16. Chioma
Osakwe
17.
Oyinye
Osakwe
18. Chizee
atuorah
19.
Rose Ejiofor
20.
Eunice
Dike
21.
Chinyere Atuorah
22. Uchenna
Atuorah
23.
Nkechi Atuorah
24.
Ifeanyi
Atuorah
25.
Ukamaka Atuorah
26.
Kingsely
Atuorah
27.
Ebele Atuorah
28.
Aneli Ejiofor
29.
Ifeyinwa
Ejiofor
30.
Chinenye Ejofor
31.
Abuchi Ejiofor
32.
Chima Ejiofor
33.
Chukwuchebe Ejiofor
34.
Ogonna Ejiofor
35.
Onyinye
Ejiofor
36.
Chizo
ba Dike
37.
Nwanneka Dike
38.
Uchechukwu
Dike
39. Ebelechukwu
Dike
40.
Nnaemeka
Dike
41. Emeka
Obiefuna
42.
Nneka Obiefuna
43.
Chibuke Obiefuna
44.
Kamsi Obiefuna
45.
Uchema Obiefuna
46.
llincent Obiefuna
47.
Benneth 0biefuna
48.
Cecilia 0biefuna
49.
Clement Obiefuna
50.
Chukwudi Obiefuna
51.
Austin Obiefuna
52.
Ifeanyi
0biefuna
53.
Dilichukwu Obiefuna
54.
Ijeoma Obiefuna
55.
Chidera 0biefuna
56.
Chioma Obiefuna
57.
Emy Obiefuna
58.
Ebube Obiefuna
59.
Ogugua Chinaegbu
60.
Ujunwa Chinaegbu
61.
Uche Chinaegbu
62.
Chikaodili Chinaegbu
63.
Obioma Chinaegbu
64.
Mrs.
Justina Okeke
65.
Ngozi Okeke
66.
Nnoso Okeke
67.
Chidinma Okeke
68.
Chigozie
Okeke
69. Toochukwu
Okeke
70.
Onyinye
Okeke
71. Mrs.
Rosa
Okafor
72.
Obiora 0kafor
73.
Ugochukwu Okafor
74.
Njideka Okafor
75.
ljoma Okafor
76.
Nkechi Okafor
77.
Uche Okafor
78. Egodi
Okafor
79. Ekene
Okafor
80. Ebuka
Okafor
81.
Mrs.
Oboira Joe
82.
Ujuwa Obiora
83.
Nwaka Obiora
84. Nkechi
Obiora
85. Emeka
Obiora
86.
Charles
Obiora
87.
Mrs.
Anuh
Emekwusi
88. Adaora
Emekwusi
89. Oby
Emekwusi
90.
Abum
Emekwusi
91.
Ugoo
Emekwusi
92.
Okenwa
Chibuke
93.
Adaugo
Okenwa
94.
Chiagozie Okenwa
95.
Mr.
John
Oforkansi
96.
Mr.
Solomon Ejiofor
97.
Jovita Okeke
98.
Chinedu Okeke
99.
Chidi Okeke
100.
Aforocha Obiora
101.
George Okaforibe
102.
Bomboy Okaforibe
103.
Christopher Okaforibe
104.
Toochukwu Okaforibe
105.
Chika Okaforibe
106.
Eliza Akubude
107.
Nkiru Akubude
108.
Jude Akubude
109.
Ebere
Akubude
110.
Chinenye Akubude
111.
Nonso Akubude
112.
Anthony Akubude
113.
David Atuorah
114. Raphael
Atuorah
115. Chinedu
Atuorah
116. Lawrence
Osakwe
117. Fedenard
Osakwe
118.
Emeka Osakwe
119. Chima
Osakwe
120.
Gabriel Atuorah
121.
Boniface Ifezue
122.
Kingsley Ofezue
123. Emma
Okafor
124. Christopher
Okafor
125.
Toochukwu Okafor
126.
Beatrice
Atuorah
127. Stella
Osakwe
128. Tita
Ifezue
129.
Unoma Akubude
130.
Threase
Nwaume
131. Cecilia
Okaforibe
132.
Nwauka Okaforibe
133. Ebele
Okoye
134. Uche
Okoye
135.
Okwundu Okoye
136.
Patty
Okoye
137.
Uju
Ezenwoke
138.
Ifenyiwa Ezenwoke
139. UK
Ezenwoke
140. Nnamdi
Ezenwoke
141.
Amaechi Ezenwoke
142.
Sunday
Ezenwoke
143.
Abuchi
Ezenwoke
144.
Ebele Nwume
.PLAINTIFFS
AND
1.
Inspector Tahiru Ali
2.
Inspector Habila Maikefi
3.
Constable Solomon Maikefi
4. The
Commissioner of Police
Federal Capital Territory Command.
5.
Inspector-General of Police
6.
Police Service Commission
DEFENDANTS
STATEMENT OF CLAIM
1.
The 1st plaintiff is the wife
of late Chief Michael Atuorah and
resides at Area C, Nyanya,
Abuja,
and who in this suit is also
representing her three children as their
next friend.
2.
The 2nd to 3rd
plaintiffs are the parents of late Chief
Michael Atuorah.
3.
The 4th to 15th
plaintiffs are the brothers and sisters
of late Chief Michael Atuorah.
4.
The 16th to 144th
plaintiffs are the members of the family
and dependants of late Chief Michael
Atuorah.
5.
The 1st defendant is an agent
of the 4th, 5th,
and 6th defendants and
attached to Abuja Municipal Area Council
(AMAC) headquarters,
Abuja.
6.
The 2nd defendant is an agent
of the 4th, 5th,
and 6th defendants and
attached to office of the Inspector
General of Police, Force Headquarters,
Abuja.
7.
The 3rd defendant is an agent
of the 4th, 5th,
and 6th defendants and
attached to 44 P.M.F force headquarters.
8.
The 4th defendant is the head
of Nigerian Police in the F.C.T Police
Command.
9.
The 5th defendant is the
Chief Executive Officer of the Nigerian
Police.
10.
The 6th defendant is a
Federal Government parastatal overseeing
the activities of the Nigerian Police
and supervises all actions of the 5th
defendant.
11.
The plaintiffs aver that late Chief
Michael Atuorah (hereinafter referred to
as the deceased)before his gruesome
murder was a reputable businessman, a
philanthropist and the Managing Director
of Barry white Furniture Limited with
its head office at Shop B5-6, Rochas
Plaza, by Tantalizer, Wuse Zone 3,
Abuja.
12.
The plaintiffs also aver that late Chief
Michael Atuorah was the breadwinner of
their family and a traditional ruler
with the title of Ogazi 1 of Nise, Awka
South L. G. A of
Anambra
State.
13.
The plaintiffs states that on the 1st
day of October 2009, late Chief Michael
Atuorah had gone in company of his
friends; Chukwuma Ajala Azubuike, Paul
Ekedi, and Kelechukwu Akupuo to a
drinking bar known as spotless bar
located at Area C, Nyanya, Abuja.
14.
The plaintiffs further aver that while
the four friends were still in the bar
around 9: p. m the owner of the bar,
Mrs. Rosemary Nwosu informed late Chief
Michael Atuorah that some people were
trying to deflect the tyres of his
vehicle packed opposite the bar.
15.
The plaintiffs also state that when the
deceased person heard this he
immediately rushed to where his car was
packed and started apologizing to the
people trying to deflect his tyre of his
car but instead of accepting his
apology, the 1st defendant
slapped him and held onto his shirt
coller.
16.
While still holding the shirt collar of
the deceased the 1st
defendant used the dagger he was using
to deflect the tyre and stabbed the
deceased.
17.
The plaintiffs aver that at this point,
the deceased persons friends and on
lookers including late Sergeant Harrison
Aigbogbo sensed there was danger and
rushed closer to where the incident was
taking place.
18.
While some friends of the deceased tried
to hold the 1st defendant
from inflicting more injuries on the
deceased, Sergeant Harrison Aigbogbo
tried to pacify the associate of the 1st
defendant who is the 2nd
defendant in this suit.
19.
It is the averment of the plaintiffs
that in stead of listening to the voice
of a fellow Policeman, the 2nd
defendant commanded on top of his voice
Bring me a gun and few minutes later
the 3rd defendant appeared
armed with an A.K 47 rifle.
20.
The plaintiffs also state that when the
2nd defendant ordered for a
gun, Sergeant Harrison Aigbogbo sensed
danger and tried to use his cell phone
to make a call.
21.
The plaintiffs also aver that when the 3rd
plaintiff appeared with the gun he shot
into the air but that 2nd
defendant again commanded him to aim at
people.
22.
The plaintiffs also state that on
hearing this 3rd defendant
aimed and shot Sergeant Harrison
Aigbogbo who was still trying to make a
call. He aimed again and shot Chief
Michael Atuorah. Both persons died on
the spot, while others ran into the
nearby compound except Paul Ekedi who
pretended to be already dead to avoid
the killers bullet.
23.
The plaintiffs also aver that while this
was happening Mrs. Rosemary Nwosu ran
into the nearby mobile police unit to
alert the police.
24.
The plaintiffs further states that when
mobile policemen arrived the scene, the
1st and 3rd
defendants ran away while the 2nd
defendant upon sighting them used the
dagger which he used in stabbing the
deceased to stab himself.
25.
The plaintiffs further aver that when
the Mobile Policemen arrived the scene
Sergeant Harrison Aigbogbo was still
breathing but the plea of Chukwuma Ajala
Azubuike that he should be taken to the
hospital fell on deaf ears.
26.
The plaintiffs also aver that after the
incident they consulted their Lawyer,
Ezekiel Ugochukwu, Esq. of Festus Keyamo
Chambers who wrote a petition to the 4th
to 6th defendants on the 3rd
day of October 2009 demanding a full
scale investigation into the matter and
that action be commenced towards the
compensation of the deceased family. The
said petition is hereby pleaded and the
defendants are put on notice to produce
the original.
27.
The plaintiffs further aver that after
the said petition was written there was
no response from the defendants. The
plaintiffs again through their Counsel
on the 12th day of October
2009 wrote a reminder to the 4th
to 6th defendants. The said
reminder is hereby pleaded and the
defendants are put on notice to produce
the original at trial.
28.
The plaintiffs aver that there was no
response from the defendants except a
copy of a letter forwarding the
plaintiffs petition to the 4th
defendant which was sent to the
plaintiffs counsel.
29.
The plaintiffs also aver that few days
after the incident the 4th
defendant issued a press release of
which he alleged among other things that
the 3rd defendant thought
that the persons killed were armed
robber. This was refuted by a press
release issued by the plaintiffs
counsel on Saturday October 10, 2009.
30.
The plaintiffs further aver that on the
16th day of October 2009,
Paul Ekedi, Chukwuma Ajala Azubuike, and
Kelechukwu Akupuo who are eye witnesses
proceeded to the F.C.T High Court to
depose to an affidavit stating the facts
as they witnessed it on October 1st
2009. The Said affidavits are hereby
pleaded.
31.
The plaintiffs aver that the sudden
murder of the breadwinner of the family
by the defendants threw the entire
family into great shock, distress, and
psychological trauma.
32.
The plaintiffs also aver that as result
of the murder of the deceased the
children and other dependants stopped
going to school because there is no
other person to pay the fees.
33.
The Plaintiffs further aver that the
deceased person before his death was
earning more than a yearly income of
=N=100,000,000 (One hundred million
naira only)
34.
The plaintiffs also state that the
entire family depended on the deceased
for survival before his gruesome murder.
WHEREOF THE PLAINTIFFS ARE SERIOUSLY
AGRIEVED WITH THE ACTIONS OF THE
DEFENDANTS AND CLAIMS AS FOLLOWS:
1.
A DECLARATION
that the murder of late Chief Michael
Atuorah by the 1st to 3rd
defendants who are agents of the 4th
to 6th Defendants on the 1st
day October 2009 is unlawful and amounts
to illegal and an unjust deprivation of
the plaintiffs of their benefactor and
breadwinner.
2.
AN ORDER
Mandating the defendants jointly and
severally to pay to the defendants the
sum of 1,000,000,000 (one billion
naira) being damages for Loss of
earning, the unlawful, unjust, and
criminal deprivation of the plaintiffs
of their benefactor and breadwinner
and the shock, psychological pain and
trauma occasioned by the sudden death of
Late Chief Michael Atuorah.
3.
AN ORDER
compelling the Defendants to pay to the
Plaintiffs the sum of N100,000,000 (one
hundred million naira) being cost of
transportation and burial expenses of
Late Chief Michael Atuorah.
4.
FOR SUCH FURTHER ORDER OR OTHER ORDERS
as this Honourable court may deem fit to
make in the circumstances of this case.
DATED THIS
.DAY
OF
.2009.
EZEKIEL UGOCHUKWU, ESQ.
FESTUS KEYAMO CHAMBERS
13, NOUAKCHOTT STREET,
NEAR BANK PHB,
WUSE ZONE 1,
ABUJA, NIGERIA
08033371229; 08023388080
FOR SERVICE ON:
(a) 1st,2nd and 4th
Defendants
C/O FCT POLICE COMMAND, GARKI,
ABUJA.
(b) 3rd and 5th
Defendants,
Force Headquarters, Louis Edet
House, Abuja.
(c) 6th defendant, Federal
Secretariat, Abuja.
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