Murder of Two Brothers: Court orders police to exhume corpse

By: Omonigho Matthew
From: Udu


The High Court sitting in Effurun, Uvwie local government area of Delta State, has ordered the police in Ekpan in Suit No. EHC/194/2010, to exhume the corpse of late Collins Ese Onaodowan, a Corper deployed to Gombe State and his brother,Owen Onaodowan.

Fresh Angle can report that the purpose is for identification by their parents and a joint post mortem examination by pathologist hired by the deceased family.

The family also wants the corpse of the late brothers for proper burial, pending the hearing and determination of the substantive suit.

The presiding Judge, Justice P.O. Onajite Kuejubola (Mrs.) gave the ruling Monday October 25, 2010 via an application on notice filed on behalf of Mr. Augustine Onaodowan (father of the two brothers) and two others by the forum for Justice and Human Rights Defense, FJHD, vs Andrew Enogieru, a.k.a Dogo and three others.

The ruling reads thus, “Accordingly the application succeeded, I hereby order and direct the Defendant/Respondent in this suit to exhume the corpse of late Messrs Collins Ese Onaodowan and Owen Onaodowan for the purpose of identification to be made by the claimants/applicants and their pathologist pending the determination of the substantive suit. The defendants /respondents are hereby directed to produce the exhumed corpse of late Messrs Collins Ese Onaodowan and Owen Onaodowan, for a joint post mortem examination with the Claimants/Applicants. An order of this Honourable Court is hereby made directing the Defendant/Respondents to hand over the said corpse of late Messrs Collins Ese Onaodowan and Owen Onaodowan to Claimant/Applicants for the purpose of burial after the conduct of the said joint post mortem examination pending the hearing and determination of the substantive suit”.

It would be recalled that the two brothers were arrested by a team of policemen from the Nigerian Police Force, Ekpan division led by one Dogo over alleged armed robbery on the 16th of August, 2010.

The duo later died in custody of the police and was buried same day in an area yet to be disclosed.
The Forum for Justice and Human Rights Defense, FJHD, immediately took over the case and filed a suit on behalf of the Onaodowan family of Alaka quarters in Effurun.

The National Co-ordinator of the Forum for Justice and Human Rights Defense, FJHD, hinted Fresh Angle that the Defendant/Respondent (police) have since been served with a writ of summons, statement of claim, written statements and oath of witness. According to him, they have one month from the date of service to file their statement of defence as well as written statements on oath of witnesses.