The Incorporated Trustees of the Southern Kaduna Peoples’ United Associations (SOKAPU) has sued David Umahi, minister of works, over the death of Mary Habila, the nurse who died at his residence.
Habila died on June 27 while attached to the minister’s medical team.
Her death has generated widespread public interest, with calls from several quarters for a thorough investigation into the circumstances surrounding the incident.
The Ebonyi police command had said it would proceed with an autopsy despite opposition from members of the deceased’s family.
The minister had also written to the Ebonyi police commissioner to demand an autopsy.
In a suit filed before the federal high court in Kaduna, Habila Tanko Wisdom, the deceased’s father, the attorney-general of Ebonyi, and the commissioner of police in the state are also named as respondents.
The association is seeking N20 billion in damages against Umahi for the loss of life resulting from alleged breach of duty of care while the deceased was in his custody.
SOKAPU is asking the court to declare that Mary’s death took place under “unexplained, controversial and unnatural circumstances”.
The group further argued that the “hurried” removal of the corpse to a mortuary without a formal report to the Nigeria Police Force (NPF) violated the constitutional right to life guaranteed by section 33, and Article 4 of the African Charter on Human and Peoples’ Rights.
The applicant also urged the court to hold that the alleged absence of a prompt, independent and transparent medical autopsy and police investigation into the circumstances leading to Mary’s death amounts to a “continuing violation” of fundamental rights to life.
SOKAPU sought an order directing the respondents, particularly the attorney-general of Ebonyi state and the commissioner of police, to facilitate an independent, open and impartial autopsy to be conducted by a team of pathologists and other medical experts drawn from Ahmadu Bello University Teaching Hospital, Zaria; the University College Hospital (UCH), Ibadan; and the National Hospital, Abuja.
The association asked the court to compel the police to conduct a comprehensive investigation into the cause of death before the corpse is released for burial.
