Chief of Army Staff, Faruk Yahaya, has been ordered to be served through substituted means by a Federal High Court sitting in Owerri, Imo State, in the of case of enforcement of fundamental rights over the killing of Noel Chigbu, a businessman by soldiers on April 30.
Justice Maurieen Onyetenu on Wednesday ordered that the COAS be served through a newspaper publication after counsel to the applicant, G. O Anyalewechi, informed the court that the army chief refused to be served when a court bailiff travelled from Owerri to Abuja to serve him.
According to Anyalewechi, other respondents, Chief Of Defence staff, the governor of Imo State and the commander of the 34 artillery brigade, Owerri, had been served, duly.
However, the counsel to the second, Chief of Army Staff, and fourth respondents, Commander 34 Artillery Brigade, Owerri, L.B Berepiki, told the court that it was not true that the Chief Of Army Staff refused to be served.
Berepiki, explained that the army had a regimented procedure and that there was no way the Chief Of Army Staff would have ignored a court process, Punch reports.
The judge while granting the motion moved by the applicant’s lawyer for substituted service on the army chief adjourned the matter till December 2.
The respondent’s counsel also urged the court to order that an autopsy be carried out on the body of the deceased so as to enable his family to bury him.
In response, the judge advised the respondent’s counsel to formally present the application on the next adjourned date.
Chigbu was shot dead by soldiers on April 30 at Amakaohia flyover in Owerri.
The deceased eldest brother and spokesperson for the family, Tobechi Chigbu, had told journalists that some soldiers had shot dead his brother on the day he took delivery of his new car and was driving home at the close of work.
