Tina Amanda
Justice Adolphus Enebeli of the Rivers State High sitting Court Port Harcourt has struck out the fundamental right suit against the Inspector General of Police, Commissioner of Police and former Commander of Federal Special Anti Robbery Squad F-SARS ACP Akin Fakorede, on the Extrajudicial Killing of Dr Ferry Gberegbe on 9th March 2019, Gubernatorial election in Khana local government area of the state.
Ronke Gberegbe wife of late Ferry Gberegbere had filed a fundamental right suit demanding for justice in the gruesome murder of her husband who died from a bullet wound sustained from shooting by ACP Akin Fakorede and his team, at Bori collation Center, Khana local government area.
In his judgement, Justice Adolphus Enebeli struck out the suit on the reason of technicality, adding that the mode upon which the application was filed was inappropriate and thereby lacks merit.
Justice Enebeli based his ruling on the mode of application of the Fundamental Human Rights suit that ought to have come in the form of writ summon which gives room for witnesses and oral evidence and not originating summon.
Lezina Amegua, Counsel to the Applicant, Ronke Gberegbe, told our correspondent, Tina Amanda, that they will not appeal the judgement but will file a fresh suit.
He said they are bound to the judgement of the court, adding that they will do the needful and use appropriate measure in law as suggested by the court to ensure justice is achieved for in the case.
Recall that there was a video which circulated on Social Media showing the Applicant’s late husband Dr Ferry Gberegbe falling down during a sporadic shooting during the March 9th, 2019, Governorship election in Rivers State and was confirmed dead a week after in a Hospital in Port Harcourt.
His death by the gunshot was contested by some stakeholders in the Khana, who claimed late Gberegbe, a lecturer at the Ken Saro-Wiwa Polytechnic, did not die from a gunshot wound in his stomach but died of poison.