Ex-Lagos governor burial must be handled by Navy — Court

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Justice Christopher Balogun of the Lagos High Court, Ikeja, has laid to rest the dispute over the burial of former Lagos State Military governor, Rear Admiral Ndubuisi Kanu, as he ordered the Nigerian Navy to give befitting burial, flying the body of late Ndubuisi Kanu on Wednesday 13 October from Muritala Muhammed International Airport, Ikeja to Sam Mbakwe International Cargo Airport, Owerri, Imo State.

While delivering ruling in over six hours of proceedings, Justice Balogun ordered the parties to maintain peace.

The judge held that ” I have listened to the parties in the suit, the children, wife and the representative of the community and family members. It is hereby ordered that the body of the late Ndubuisi Kanu is secured and protected by the Nigeria Navy before and after the burial.

“The corpse should be dressed in his full Rear Admiral regalia as the Navy fly the body to the Owerri where it will be identified by the first daughter, ‘Ada’ and received by the Imo State Government before being taken to his country home, Ohoroho Ovim.”

He also ordered that “all respected parties shall be entitled to partake in the burial. All parties are therefore ordered to maintain peace. The substantive case is hereby adjourned to 15 November 2021 for mention.

In his earlier ruling on 7 October 2021, Justice Balogun ordered that the body of the late former governor of Lagos State must be secured by the men of the Nigerian Navy until further directive of the court.

It will be recalled that shortly after the death of the Naval Chief, his family members became embroiled in a legal battle in court over the right to partake in funeral rites.

The trial judge also warned parties in the suit filed by Chief (Mrs.) Gladys Ndubuisi Kanu, the second wife of the former governor, does not make a mockery of the deceased.

The plaintiff, Mrs Gladys, had filed the suit marked LD/3685FPM/2021 wherein she prayed the court, through her counsel, Mr C.J. Jiakponna, to allow her to participate in the burial rites of the late former governor.

She is seeking among other reliefs an order of the court directing the respondents, their agents or privies, not to threaten her and to allow her properly prepare for the burial slated for this week Saturday.

Respondents in the suit are Kelly Ndubuisi, Nigerian Navy, Simone Nenna Abiona (nee Kanu), Andrey Joe-Ezigbo, Paul Ndidiamaka Kanu, Karen Johnson (nee Kanu), Jeffery Alozie Kanu, Laura Ndubuisi-Kanu, Stephen Ndubuisi Kanu and Josephine Ndubuisi Kanu as first to 10th respondents respectively.

When the case was called on the said day, counsel to the claimant told the court of the order made by another judge, Justice B. Candide-Johnson, which directed all parties in the suit to maintain the status quo and also directed the claimant to properly arrange the names of respondents in the suit.

The court had also, with the agreement of all counsels, agreed that the burial is held on 16 October 2021.

The first, third to ninth defendants’ counsel, Mr Tomilade Shodimu, told the court that the matter was fixed for hearing of the pending applications. He said the judge had ordered lawyers to advise their clients to maintain peace.

Counsel representing the fourth and 10th defendants, Mr Grant Onwuka, and Mr Ijewere Ikenna, respectively, affirmed the submission of Mr Shodimu, noting that they have filed their preliminary objection to the suit.

However, Justice Balogun warned the parties to maintain the peace, even as he ordered lawyers in the suit to regularise their processes.

The court also directed Nigerian Navy counsel, Mr Ikenna, who confirmed that the body of the deceased was in their possession, not to release it to anybody.

“The right thing to do is to allow justice to prevail. The Navy must not release the body of the deceased for now. We must ensure that we don’t make a mockery of an ex-governor. There is no need for that,” the court said.