Killing of shawarma seller: Court orders substituted service on army chief

The family of a Sharwama seller, Mr Noel Chigbu, who was allegedly killed by soldiers on April 30, 2021, has told a Federal High Court that the office of the Chief of Army Staff refused to accept court papers served on them in respect to the death of their brother.  Appearing before Justice Maureen Onyetenu […]

The family of a Sharwama seller, Mr Noel Chigbu, who was allegedly killed by soldiers on April 30, 2021, has told a Federal High Court that the office of the Chief of Army Staff refused to accept court papers served on them in respect to the death of their brother. 

Appearing before Justice Maureen Onyetenu in a fundamental rights enforcement suit, the Chigbu family, through their counsel, Brig. Gen. G. O. Anyelewechi, (rtd), said that when the papers were served on the office of the COAS, they were told that the army does not receive service on any suit more than 10 days after the suit is filed.

Arguing on a motion ex parte, the family asked the court for an order to serve the military authorities by substituted means in one national newspaper.

The counsel said that the inability of the army to respond to the suit had prevented them from carrying out the coroner’s inquest into the death of Noel and giving him a benefiting burial. 

However, counsel to the military, Maj. L. E. Berebiki, said that the army has a tradition in dealing with such matters as the papers would have to be received by appropriate authorities within the army.

He said rather than saying that the army refused to receive the summons, there are administrative processes through which such correspondences go.

In her ruling, the presiding justice said in this case, it’s the rule of the court that should be applied rather than military rule. 

She, therefore, ordered that the army should be served through newspaper publication, and adjourned the case until December 2.

Chigbu was allegedly killed under Amakohia flyover in Owerri metropolis while going home after leaving his Shawarma shop. The army had alleged that he refused to stop when he was flagged down.