The controversy over the burial of late Mrs Nnenna Elobuike is far from over as the Elobuike family has filed a motion to exhume the corpse.
Recall that father to the deceased Chief Ambrose Maduabuchi, Oba (SAN) had gone ahead to bury her daughter in his community Ehuhe Achi, Oji River LGA without the consent of his in-laws.
He also allegedly defiled a subsisting court matter seeking an order that the deceased be buried in accordance with the customs of her husband’s community, OMA Eke, in UDI LGA of Enugu State.
The issue of custody of the children of the deceased couple has also been a major issue of controversy as Oba has allegedly refused to grant the Elobuike’s access to the children.
In a motion on notice filed at the Oji River High Court, the Elobuike family is seeking an order of mandatory injunction reversing the burial of the corpse of late Mrs Nnenna Elobuike on 4/9/2020.
The motion is also seeking an order mandating the defendants to exhume the corpse “buried in defiance of the motion on notice and substantive suit of 15/7/2020.”
The matter which came up at the Oji River High Court Monday was adjourned as the Judge referred the matter back to the Chief Judge.
Explaining further on the decision of the court, lead counsel for the plaintiff Barr. Ray Nnaji recalled that the matter has been at the Enugu High Court.
“Initially we were in Ezzeagu until the judge raised issue of jurisdiction. We felt it would take our time so we moved to Enugu having discovered that all Udi matters are handled in Enugu.
“We filed and the matter was assigned to Justice A.A Nwobodo.
“On July 31st we moved for service of the process through the traditional ruler of Ehuhe Achi. HRH Igwe J.C Egwuatu and on August 6th service was effected.
“But the court believed the matter is supposed to go to the High Court in Oji River, where the defendant resides and gave an order transferring the matter.
“We are in Oji today and the judge said the reliefs sought concerns the customs of the parties, therefore the custom of the deceased husband should prevail.
He noted that the matter ought to be in UDI but decided to transfer the matter back for the Chief Judge to decide.”
