A civil society organisation (CSO), the Kwechiri Unity Forum, has filed a lawsuit against Minister of Works, David Umahi and the Inspector-General of Police (IGP), Olatunji Disu, alongside others, over Mary Habila’s death.
PREMIUM TIMES earlier reported that Ms Habila, a female nurse attached to Mr Umahi, was brought dead to the David Umahi Federal University Teaching Hospital, Uburu, Ebonyi State, on 27 June.
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Aside from the IGP and Mr Umahi, others listed as defendants are the Commissioner of Police in Ebonyi State, the Attorney-General of the Federation, and Tanko Habila, father of the late Ms Habila.
The CSO filed the suit through its legal team, led by Eziafa Enwedo, before the Federal High Court in Abuja on 17 July, according to a court document seen by PREMIUM TIMES.
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The group asked the court to compel the IGP and the Nigeria Police Force to investigate Ms Habila’s death and conduct a formal autopsy on her body.
It appealed to the court to declare that public authorities have a duty to protect evidence that may aid an investigation into unexplained deaths.
The group asked the court that Ms Habila’s death ought to be investigated impartially, irrespective of the status or office of the person who possesses relevant information.
The CSO prayed the court to grant an interim injunction, restraining the respondents from “releasing, burying, interring, cremating or otherwise disposing of the body of the late Mary Habila pending the hearing and determination of the substantive suit.”
The group also asked the court to order the respondents to preserve all available evidence relating to Ms Habila’s death pending the conclusion of the investigation into her death.
It further asked the court to order the respondents to comply “with recognised forensic and investigative standards where appropriate.”
Grounds for the suit
The CSO said the suit was filed on the grounds that it is a public interest organisation and that credible media publications have generated substantial public concern about the incident.
It argued that the Nigerian Constitution imposes a “positive obligation” upon the government to protect and ensure effective investigations into suspicious deaths.
Background
On 27 June, Mary Habila was said to have died under controversial circumstances at the residence of Mr Umahi, a former governor of Ebonyi State.
Ms Habila was part of the medical team attached to the minister and had accompanied him to his hometown in Uburu, where she reportedly died in a room within his residence.
In July, the works minister denied covering up the nurse’s death, insisting that the incident had been reported to the police for investigation.
He subsequently asked the police to conduct an autopsy on the body of the 26-year-old nurse to determine the actual cause of death.
The family opposed the autopsy and fixed the burial date for 17 July, but the police insisted on going ahead with the autopsy.
Police spokesperson in Ebonyi State, Joshua Ukandu, said in a statement on Wednesday that the police command was awaiting the presence of the family or their representative, as required before the autopsy could be carried out.
Mr Ukandu, a superintendent of police, assured that the investigation would be “thorough, transparent, and impartial” and that the command would provide updates as the case progresses.
Mr Umahi, on his part, has denied having any hand in the death of the late nurse, insisting that her boyfriend had confessed she was ill before coming to Ebonyi.
The minister further appealed to Ms Habila’s family to reconsider their insistence on shunning an autopsy on the late nurse’s body, stressing that the post-mortem examination would help establish the actual cause of her death amid mounting allegations of foul play.
But the family subsequently wrote to the IGP, demanding the immediate release of Ms Habila’s body for burial.
