A Port-Harcourt High Court presided by Honourable Justice Adolphus Enebeli on Wednesday struck out fundamental rights suit brought by widow of late Dr. Ferry Gberegbe.
Justice Enebeli struck out the suit and also refused to grant reliefs sought by plaintiff. The judge also advised counsel to plaintiff to properly file the case.
In interview after ruling, counsel to plaintiff, Lezina Amegua, said they would take the court's advice and properly file the case.
Ronke Gberegbe filed suit against three defendants - Commissioner of Police in Rivers State, the former Commander of the Special Anti-Robbery Squad (SARS) ACP Akin Fakorede and Police Service Commission - over alleged violation of right to life of her late husband.
Dr. Gberegbe was allegedly shot on March 10, 2019 by SARS operatives at Independent National Electoral Commission collation centre in Bori during governorship and State House of Assembly elections where he worked as collation agent for People's Democratic Party in Rivers State.
Counsel to plaintiff had told newsmen his client was demanding N800 million damages for alleged violation of right to life of her husband.
Dr. Gberegbe died later in hospital.
The counsel to defendants, Essiene Edet, had said that his clients were not responsible for death of Dr. Gberegbe.
He described the allegation linking them to his death as bogus.
The first defendant was Commissioner of Police in Rivers State, the second defendant was former Commander of SARS while third defendant was Police Service Commission.
Counsel to the defendants had said the suit against his clients was an attempt to get monetary compensation when the second defendant had not committed the offence.
He also said a video clip played in court allegedly showing how Dr. Gberegbe was shot was to simply ''blackmail'' and ''malign'' his clients.
But plaintiff's counsel speaking in interview at the time said he believed Dr. Gberegbe was shot by SARS operatives saying: “The court granted us (our) prayer to see that the video was played. It is an open truth … naked as it is that he was shot by men of SARS led by Akin Fakorede. It is no longer again as they claim it was. He was hit by their bullets and he fell down.”
In an interview after court’s decision, the defence counsel said he had asked the court to dismiss the suit and not simply to striking it out.