Debe Odumegwu-Ojukwu’s children appeal Enugu High Court judgment in favour of Bianca

The children of Debe Odumegwu-Ojukwu have filed an appeal against the judgment of the Enugu High Court which held that their father Debe Ojukwu was not recognised by Chief Emeka Odumegwu Ojukwu as his biological son in his lifetime.

Nene Grace Odumegwu-Ojukwu and  Obianuju Sarah Odumegwu-Ojukwu in notice of appeal filed by their counsel Ikeazor Akaraiwe, SAN have asked the Court of Appeal Enugu division to set aside the judgment delivered on the 27th day of March, 2024 by Hon. Justice A.O. Onovo.

Ambassador Bianca Ojukwu, James Chukwunenye Ezike and the Probate Registrar, Enugu State High Court are respondents in the appeal.

Grounds of Appeal:

Ground One – MISDIRECTION

The learned trial court misdirected itself thus occasioning a miscarriage of justice, when, after correctly holding that the letter dated the 4^th Day of September, 1995, having been rejected in evidence and marked “rejected,” lacked evidential value and could not be relied upon by the court; proceeded to rely on the contents of the said document in arriving at its decision against the Appellants.

Particulars of Misdirection:

1. On the 17^th day of May, 2018, learned counsel to the 1^st and 2^nd Respondents sought to tender in evidence a letter dated 4^th day of September, 1995 but same was rejected and marked “rejected” by the Honourable Court upon the objection of counsel to the Appellants.
2. Learned counsel to the 1^st and 2^nd Respondents raised the issue again in his final written address and urged the lower court to vacate its earlier ruling and admit the said letter in evidence.
3. The learned trial judge in its judgment rightly upheld the position of the law that once a document has been rejected in evidence and marked rejected, same lacks evidential value and cannot be relied on by the court.
4. However, the learned trial judge proceeded to rely on the contents of the said letter in reaching its decision thereby occasioning a miscarriage of justice. 

Ground Two – Misdirection

The learned trial court erred in law thus occasioning a miscarriage of justice when it failed to ascribe probative value to exhibits C and C1 (Processes in Suit No. FHC/L/CS/801/1998) in reaching the irresistible conclusion that Late Dim Chukwuemeka Odumegwu-Ojukwu duly acknowledged Chief Sylvester Debe Odumegwu-Ojukwu [substituted by the Appellants] as his son.

Particulars of Misdirection:

1. The Appellants tendered Exhibits C and C1 [Processes in Suit No. FHC/L/CS/801/1998] in the course of the trial.
2. In that suit, at paragraph 25 of the Petition [Exhibit C], the Petitioner stated that Chief Sylvester Debe Odumegwu-Ojukwu [substituted by the Appellants] is the son of Dim Chukwuemeka Odumegwu-Ojukwu.
3. In admitting the said assertion in the petition, Dim Chukwuemeka Odumegwu-Ojukwu who was the 2^nd Respondent stated in his reply [Exhibit C1] at paragraph 21 thus:

“The 2^nd Respondent avers that the averment contained in paragraph 25 of the petition is a fabrication of lies and a wicked and dangerous wedge between a son and his father, allegation to which the petitioner is put to the strictest proof thereof.”

d. Exhibit C1 is evidence that Dim Chukwuemeka Odumegwu-Ojukwu acknowledged Chief Sylvester Debe Odumegwu-Ojukwu [substituted by the Appellants] as his son.

e. The trial court ought to have relied on Exhibits C and C1 to hold that Dim Chukwuemeka Odumegwu-Ojukwu acknowledged Chief Sylvester Debe Odumegwu-Ojukwu [substituted by the Appellants] as his son.

Further Grounds of Appeal may be filed upon receipt of the Records of Appeal.

Reliefs Sought from the Court of Appeal:

1. An Order allowing this appeal and setting aside the judgment of the Enugu State High Court, sitting in Enugu delivered on the 27^th day of March, 2024 per Hon. Justice A.O. Onovo.
2. An order granting the Appellants’ reliefs at the lower court.