Also joined in the lawsuit is Uzo-Uwani of the Local Government.

The deceased was allegedly shot dead by Chief Security Officer of Uzo-Uwani LGA and members of his vigilante.

The case which is before Justice Martha Onuoha, while hearing in the matter has been fixed for October 14, 2022, is seeking to address the killing, which according to the applicant, is not only barbaric but also violates the deceased fundamental human rights to live.

Mr. Okoro, in the suit filed by his lawyer, V.N. Ayogu which is before Enugu State High Court, is praying the court to declare that the shooting and killing of his son, Philip, by the Chief Security Officer of Uzo-Uwani LGA, Enugu State and members of his vigilante group is most barbaric, wrongful, unlawful, unjustifiable and violates the deceased’s fundamental rights to life and dignity of human person as enshrined in Section 33 (1), 34 (1) and 37 of the 1999 Constitution of the Federal Republic of Nigeria, Article 1, 2, 3, 4, 6 and 12 of the African Charter on Human and Peoples’ Rights as well as Articles 3 of the Universal Declaration of Human Rights.

An order of court, directing the respondents to publicly apologize to the applicant and his family for the unlawful shooting and killing of Philip” he said.

He is contending in the suit that the respondents knew or ought to have known that the deceased did not commit any offence known to the law nor was the deceased convicted and/or condemned by any court of law to deprive him of his right to life.

According to him, “The extra-judicial shooting and killing of Philip, which took place on June 29 and 30, 2022, respectively, by the 3rd respondent and his men, agents of the 1st and 2nd respondents violated the deceased’s rights to life and dignity of his human person protected under Section 33 (1), 34 (1) and 37 of the 1999 Constitution of the Federal Republic of Nigeria, Article 1, 2, 3, 4, 6 and 12 of the Universal Declaration of Human Rights.

“Late Mr. Philip Okoro did not commit any criminal offence nor was he sentenced to death by any court of law or tribune in Nigeria.

“The deceased was neither killed in the execution of a sentence of the court in respect of a criminal offence for which he was guilty nor did he die as a result of the force permitted by law for the defence of any person from unlawful violence or for defence of property or to effect a lawful arrest or to prevent the escape of a person lawfully detained or for the purpose of suppressing a riot, insurrection or mutiny.

The deceased was not killed in any of the cognizable circumstances, as provide under section 33 (1) paragraph (b), 45 (2) and (3) of the 1999 constitution of the Federal Republic of Nigeria or any other known law.

“The deceased was extra judicially killed by shooting in the abdomen which bullet pierced through the deceased’s intestines by the 3rd respondent, and agent of the 1st and 2nd respondents at Umuobira Village, Nkpologu in Uzo-Uwani, Enugu State.

“The 1st and 2nd respondents armed the 3rd respondent and his neighborhood watch men and unleashed them into street of Nkpologu and other communities in with uncertain order and no restraint or control, allowing him to Philip in such a gruesome manner.

“The respondents have failed, refused and neglected to pay compensation to the family of the deceased, despite visiting the bereaved family.

“The applicant’s son and benefactor (the deceased) was extra-judicially killed for no just cause by an agent of the respondents and in the course of the agent discharging his duties for the respondents.

“The gun and ammunition with which the 3rd respondent shot the deceased to his untimely death were procured and issued to the 3rd respondent and his men by the 1st and 2nd respondents.

“The 1st and 2nd respondents did not take any step to protect the deceased from the rampaging 3rd respondent and his vigilante men who killed the deceased.

“The applicant needs to give his son a decent burial.

“The applicant is entitled to remedy in form of damages for the violation of the constitutional and other legal rights of Mr. Philip Okoro, his son.

“The deceased’s shooting and eventual killing has caused the family of the deceased an unquantifiable degree of mental anguish, especially the Applicant who witnessed the gruesome shooting and murder of his son.”