Court adjourns as Delta family’s search for corpse hits five months

A Delta State High Court sitting in the Isiokolo Judicial Division has adjourned the hearing till April 17, 2025, in a case of alleged mysterious disappearance of the corpse of a 78-year-old man, Joseph Ighorhiohwunu since November 21, 2024.

The corpse of Ighorhiohwunu had allegedly disappeared from the Nigerian Navy Hospital mortuary, Effurun, Uvwie Local Government Area of Delta State after children of the deceased, Omokiniovo Ighorhiohwunu and Mr. Duke Ighorhiohwunu, deposited the corpse at the mortuary on November 21, 2024.

The suit was filed as a fundamental human rights application under suit no. HCI/FR/32/2024 was brought before the court and filed in-person by one of the children of the deceased, Ighorhiohwunu Aghogho, a human rights activist, who claimed to be acting on behalf of the deceased and in the public interest.

In the originating process, the applicant had claimed that “Joseph Ighorhiohwunu died while receiving treatment at Group Christian Medical Centre, Effurun” without his knowledge and that he was only made aware of the deceased’s death on 21st November 2024, the day he died.

The applicant further claimed that “the deceased was not diagnosed with a verifiable medical condition and was deposited at the Nigerian Navy Hospital, Effurun on November 21, 2024.”

The applicant accused several members of the deceased’s family — namely Mr Michael Igho-Amaka, Mr Onajite Ighorhiohwunu, Mr Felix Ighorhiohwunu, Mrs Ese Ighorhiohwunu, Mr Duke Ighorhiohwunu and Mr Sunday Ighorhiohwunu — of colluding to unlawfully remove the corpse from the Nigerian Navy Hospital Effurun and allegedly using the family compound at No.127 Urhu-Egbe Street, Okpara-Inland as an illegal cemetery.

The applicant claims that the family has secretly made burial arrangements and constructed a tomb for the deceased at that location during the pendency of this case and police investigation.

The applicant consequently urged the court to compel all eleven respondents to disclose the whereabouts of the missing corpse, alleging that the body may have been diverted for spiritual or ritual purposes.

At the resumed hearing of the case on April 7, 2025, counsel for the applicant, Andrew Elekeokwuri Esq, informed the court that the applicant had filed a “further and better affidavit” concerning the allegedly missing corpse of the deceased.

In response, the counsel for the 1st to 8th respondents, Barr. A.O.Aderere and the 11th respondent, His Greatness Agadaigho who were present in court, raised objections because they had not been served with the said processes.

The trial Judge, Hon. Justice O. Aforkeya consequently directed the court bailiff to serve relevant court processes on the respective respondents’ counsel present in court.

As regards the 9th respondent (Chairman, Ethiope East Local Government Area) and the 10th respondent (Nigeria Navy Hospital, Effurun), who were neither present nor represented in the court, the judge further ordered the bailiff to serve them with the court processes alongside the hearing notices.

Following preliminary arguments and a review of the evidence, Justice Aforkeya adjourned the matter to April 17, 2025, for the continuation of the hearing.

Meanwhile, counsel to the 11th respondent, His Greatness Agadaigho Esq., has filed a motion on notice and a counter affidavit on the same day (7th April 2025), seeking an order granting leave to the Applicant/Respondent to claim damages in the sum of N5m against the plaintiff/applicant/respondent, in favour of the 11th respondent.

The motion on notice which was supported by a 9-paragraph affidavit, partly averred that “the 11th Respondent in this suit professionally and comprehensively managed the health of the deceased, Late Joseph Ighorhiohwunu, from 2018 until his death on Thursday, the 21st day of November 2024.”