Justice Adolphus Enebeli of the Rivers state High court has struck out the fundamental human right suit against the former state commander of Federal Special Anti Robbery Squad (F-SARS), Akin Fakorode, over the killing of Dr. Ferry Gberegbe, at Bori in Ogoni axis of the state, last year.
Dr. Gberegbe, a Senior Lecturer at the state own Ken Saro-Wiwa Polytechnic, Bori, was shot in the stomach at Bori election result collation centre by men in Police uniform, suspected to be staff of F-SARS during the Governorship/State Assembly elections on March 9, 2019.
He was one of the returning Officers for the governorship poll at Khana Local government Area of the state; he later died in a hospital in Port Harcourt, days later.
The deceased widow, Ronke Gberegbe filled the action against the Nigeria Police, Fakorede and the police service commission, demanding N80 million reparation for the damages caused her and her children by the killing of the bread winner of her young family, by the alleged SARS men.
Mrs. Gberegbe equally urged the court to ensure justice is served on the alleged killers of her husband by declaring the defendants guilty as charged to serve as deterrent to others and also grant peace to the soul of the killed.
Giving the ruling in the case Wednesday, the trial Judge struck out the case for wrong filling of the suit. According to him, the claimant came by way of originating summons, which made it not supported, explaining that such matter ought to have been filled by way of writ of Summons, which would have made it stand.
As the result, the court equally did not make any declaration on any of the relieves sought.
He advised the widow to go back and file the case properly.
Speaking to journalists after the session, Lawyer to Mrs. Gberegbe, Lezina Amegwa admitted the mistake and promises to return to court with proper application, insisting that justice must be served in the case to for the repose of the soul of the dead.
However, the defence counsel, Edet Essien was neither in court, nor represented at the time of the ruling, judgement..