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From Sola Ojo, Abuja
The Incorporated Trustees of the Southern Kaduna Peoples United Association (SOKAPU) has instituted a fundamental rights enforcement suit against the Minister of Works, Engr. David Umahi, over the alleged suspicious death of Miss Mary Habila.
The suit, filed at the High Court of Kaduna State, Kafanchan Judicial Division, sought judicial intervention into the circumstances surrounding Habila’s death, which the applicants described as controversial and unnatural.
Also joined as respondents are Mary Habila’s relative, Mr. Habila Tanko Wisdom, the Attorney-General of Ebonyi State, and the Commissioner of Police, Ebonyi State.
According to the originating motion, the applicants contend that Mary Habila died on or about June 27, 2026, while allegedly in the custody or care of the first respondent at his country home in Ebonyi State.
The foremost Southern Kaduna sociocultural group argued that the hurried burial of the deceased without an independent medical examination violated her constitutional right to life as guaranteed under Section 33 of the 1999 Constitution and relevant provisions of the African Charter on Human and Peoples’ Rights.
The group is asking the court to declare that the failure to conduct a prompt, independent and transparent medical autopsy and police investigation into the circumstances surrounding her death amounts to a continuing violation of her fundamental rights.
SOKAPU is also seeking an order compelling the Attorney-General and Commissioner of Police of Ebonyi State to ensure that an independent autopsy is carried out on the deceased by a joint team of pathologists from Ahmadu Bello University Teaching Hospital, Zaria; the University College Hospital, Ibadan; and the National Hospital, Abuja.
The applicants further prayed the court to direct the Nigeria Police Force to conduct a thorough investigation into the cause of Mary Habila’s death before her remains are buried.
In addition, the group is seeking N20 billion in damages against Umahi, alleging negligence and breach of his duty of care while the deceased was allegedly under his custody.
The suit was brought pursuant to Sections 33, 34, 35 and 46 of the 1999 Constitution (as amended), the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, and the Fundamental Rights (Enforcement Procedure) Rules, 2009.
No date has yet been fixed for the hearing of the matter.
Confirming the suit in a telephone interview on Sunday, President of SOKAPU, Engr. Samuel Tabara Kato, said the organisation approached the court in line with its mandate to defend the rights of Southern Kaduna people whenever they are allegedly violated.
“As the apex socio-cultural umbrella body of the entire Southern Kaduna community, we have an obligation. Wherever we find elements of infringement on the rights of our people, individually or collectively, we take action, and that is what we have done,” Kato said.
On whether the Minister had been notified of the suit, Kato said he expected that the court processes had been served on the respondents, adding that he was awaiting confirmation from his lawyers.
“Notices have been prepared and given out for service,” he stated.
