IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE YENAGOA JUDICIARY DIVISION HOLDEN AT YENAGOA

SUIT NO: FHC/YNG/CS/88/2023
IN THE MATTER OF AN APPLICATION BY MR. JOHNNY AYIBAIKIYE EBIPADE,
MR. NOVEMBER T. EKEPEDEI, MR. AZIBOLA EGINA MRS.MARINER
MACUALEY, INSP. AMBAIKUMOERE AND VICTOR MAXWELL FOR ORDERS
FOR THE ENFORCEMENT OF THEIR FUNDAMENTAL RIGHTS
AND IN THE MATTER OF,
1. MR. JOHNNY AYIBAIKIYE EBIPADE
2. MR. NOVEMBER T. EKEPEDEI
3. MR. AZIBOLE EGINA
4. MRS. MARINER MACUALY
5. INSP. AMBAIKUMOERE MAXWELL TEKARIDE
6. MR. VICTOR MAXWELL TEKARIDE

And
1. THE COMMISSIONER OF POLICE BAYELSA STATE POLICE COMMAND
YENAGOA
2. SP SALINU HASSAN SCID YENAGOA BAYELSA STATE POLICE COMMAND
3. ASP MOSES TEMITOPE SCID YENAGOA BAYELSA STATE POLICE
COMMAND

1. MRS. TARIERE NAOMI BENSON

2. GNGR. TIMIENEIBIMO FLUENCE JOHNNY
3. BARR. EBIKEDOUMENE MELYN JOHNNY
4. PC ESEIMOKUMO EMMANUEL JOHNNY
5. INSP. SALVATION AKPONANABOR JOHNNY

JOINT FURTHER AFFIDAVIT OF THE 1ST, 2ND AND 4TH RESPONDENTS IN THE 2ND SET
OF RESPONDENTS IN THE SUPPORT OF PRELIMINARY OBJECTION
I MR. S TARIERE NAOMI BENSON, adult female Christian Nigerian citizen, business woman
residing at along Ogilo street, Swali market road Yenagoa Bayelsa state do hereby make oath
and state as follows
1. I am the person sued as the 1 st respondent in the 2nd set of respond3ent in this suit and by
virtue of same, I am very much abreast with the fact of this case and I have the consent
and authority EGR. TIMIENEBIMO FLIENCE JOHNNY and ESEIMOKUMO
 EMMANUEOL JOHNNY also sued respectively as 2nd and 4th respondent in the 2nd set of
respondents to depose to this further affidavit in support.
2. I in conjunction with 2nd-5th respondent in the 2nd set of respondents have read the
applicant counter affidavit dated 15 th January 2024 to 1st, 2nd and 4th respondent in the 2nd
set of respondent’s preliminary objection which was served on me and the 2 nd and 4th
respondent in the second set of Respondents through our counsel, P. S. Emakitor, Esq on
the 9th day of February, 2024 and we hereby respond accordingly based on the facts
personally known to me and derived from the 2 nd, 3rd, 4th and 5th Respondents in the 2nd set
of Respondents except thereunto stated.
3. 1st, 2nd and 4th Respondents in the 2nd set of Respondents admit paragraphs 1 and 2 of
Applicants’ counter affidavit only to the extent the 1st Applicant is the deponent therein.
In specific denial, the 1st, 2nd and 4th Respondents In the second set of respondents
categorically stated that paragraphs one and two of the said counter affidavit are total
false, untrue, unbelievable, fabricated, full of lies and deliberately calculated to mislead
this court.

4. Paragraphs 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the Applicants’ said counter affidavit are

blatantly, false, untrue, unbelievable, full of lies, scripted and deliberately calculated to
mislead this Honourable Court. In specific denial, the 1 st and 4th Respondents in the 2nd
Set of Respondents vehemently stated as follows:

a. The Applicant filed this suit on 26 th of April, 2023 and failed to serve us until July
2023.
b. 1st, 2nd and 4th Respondents in the 2nd set of Respondents filed our response on 13 th
July, 2023 and served the Applicant, yet the Applicant chose not to respond until 15 th
January, 2024 after several months and served us only on the 9th of February, 2024.
c. The averments in paragraphs 5 and 6 of the Applicant’s counter affidavit as to the …
of my middle name “Noami” and the middle name of the 4 th Respondent in the 2nd set
of Respondent, “Emmanual” used by the Applicants in suing me and the 4 th
Respondent in the 2nd set of Respondents in this suit are not completely true but
correct the middle name of …. “NAOMI” and the correct and true middle name of the
4th Respondent is “EMMANUEL” in Suit no: YHC/6M/2023 BETWEEN MRS.
TARIERE NAOMI BENSON, ENGR. TIMIENEBIMO FLUENCE JOHNNY, PC
ESIEMOKUMO EMMANUEL JOHNNY, POLICE SALVATION
AKPONANABOLA JOHNNY AND MR. NOVEMBER T. EKPEDE, MR.
AZIBOLA EGINA, MRS. MARINER MACAULAY, POLICE INSP.
AMBAIKUMOERE MAXWELL TEKARIDE, VICTOR MAXWELL TEKARIDE
are correctly and truly stated in the position of the Applicants concerning the 4 th
Respondent in the 2nd set of Respondents and also in the statement concerning the 1 st
and 4th Respondents in the 2nd set of Respondents. A copy of the said suit is here
annexed and marked Exhibit.
d. Suit no.: YHC/6M/2023 is still pending in court which fact is well known to the 2 nd –
6th Applicants which is within the exclusive power of the court to control at what pace
it would be concluded.
e. The 3rd Respondent in the 2nd set of Respondents who is a legal practitioner and the 3 rd
Applicant in Suit no: YHC/6M/2023 on the …. Of February, 2024 at about 11:26am
 at the residence of the 5 th Respondent at Ogilo Street, Ovom, Yenagoa, Bayelsa State,
informed me and I verily believe her as follows:

i. That the 2nd Set of Respondents as Applicants in Suit no: YHC/6M/2023

are empowered by the Fundamental right (procedure rule) 2009 to apply
for amendment of our incorrect names in Suit no: YHC/6M/2023 every
time. Before the … according and the 2nd set of Respondents instructed our
counsel, E. S. Emakitor, Esq. to begin the process to amend Suit no:
YHC/6M/2023 to reflect the true and correct … of our respective names
therein.

5. In specific response to paragraph 5 and 6 of the Applicants’ counter affidavit, the 1 st and
4th Respondents admitted to paragraph 5 and 6 only to the extent that the middle name
“EMMANUEL” being the correct and true name of the 4 th Respondent in the 2nd set of
Respondents as the Applicants in Suit no: YHC/6M/2023 averred by the Applicants in
paragraph 6 of their counter affidavit is the correct and true middle name of the 4 th
Respondent in the 2nd set of Respondents and not the middle name “EMMANUAL” sued
in this suit.
6. In further response to paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the counter
affidavit.

a. That it was 9th day of July, 2023 at about 07:07am the 5 th Respondent in the 2nd
Set of Respondents informed me about the facts stated in paragraphs 10 of the
joint affidavit of the 2nd and 4th of Respondents in the 2nd set of Respondents in
support of preliminary objection.
b. The 5th Respondent in the 2nd Set of Respondents in the circumstances stated in
paragraph 10 of the joint affidavit of the 1 st, 2nd and 4th Respondents in the 2nd set
of Respondents in support of preliminary objection and also informed me and I
verily believe her as follows:

i. 5th Respondent in the 2nd set of Respondents after obtaining consent and authority
of the 1st – 4th Respondents in the 2nd of Respondents was delivered a petition on
the 13th day of January, 2023 to the 1 st Respondent in the 2nd set of Respondents to
investigate acts of the 3rd to 6th of Applicants and others over threat to the life of
the 5th Respondent in the 2nd set of Respondents and protect the said 5 th
Respondent jointly owned with my late father, JOHNNY AYEBAKIEYE and
also my late father personal properties from being forcefully taken. A copy of the
said petition dated 13th January, 2023 is hereby annexed and marked Exhibit P.

7. In further response to paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the Applicants’

counter affidavit, the 1st, 2nd and 4th Respondents in the 2nd set of Respondents
categorically stated:

a. That the 2nd Applicant in the course of investigation volunteered an extra judicial
statement to the 3rd Respondent in the 1st set of Respondents on the 17th day of
 April, 2023. A copy of the 2nd Applicant’s extra judicial statement is hereby
annexed and marked as Exhibit…

8. In further response to paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the Applicants’

counter affidavit, the 1st, 2nd and 4th Respondents in the 2nd set of Respondents states as
follows:

a. The 1st Applicant is a total stranger, a meddlesome interloper, unknown to the

entire 2nd Set of Respondents.
b. The 2nd set of Respondents have not come across any such person as the 1 st
applicant until whose name 2nd set of Respondents first in the purported caveat
(i.e. Exhibit D1 annexed to paragraph 13 of the joint affidavit of 1 st, 2nd, and 4th
Respondents in the 2nd set of Respondents in support of preliminary objection)
C. 2nd set of Respondent had not come across any such person as Mrs. Johnny Ayibaikiye
Amietimi as referred to by applicants in paragraph …. of Applicants affidavit in support
nd
of fundamental rights until whose name 2 set of Respondent first saw in the purported caveat
(i.e. Exhibit D1 annexed to paragraph 13 of the joint affidavit of 1 st, 2nd, and 4th Respondent in
the second set of Respondents in support of preliminary objection) and subsequently in
paragraph 9 of Exhibit B3 annexed to paragraph 8 of the joint affidavit of 1 st, 2nd, and 4th
respondent in the 2nd set of Respondents in support of preliminary objection.
D. 2nd set of Respondents had not came across any name such as CODILLIA JOHNNY
AYIBAIKIYE and PRECIOUS JOHNNY AYIBAIKIYE referred to by Applicants in paragraph
of which name 2nd set of Respondent first saw in paragraph 10 of the said Exhibit B3
E. 2nd set of Respondent had came across the name FANCY JOHNNY until 2 nd set of
Respondents reads it for the first time in the paragraph 5, 6, 7, of Exhibit B3\
F. my father personal name is Ayibaikiye While my father’s surname is JOHNNY
G. my late father Johnny Ayibaikiye during his life time neither me nor show me any document
or record about 1st applicant as his son, Fancy Johnny as his wife, Mrs. Johnny ayibaikiye
amietimi as his wife and Cordilla Johnny ayibaikiye, Precious Johnny Ayibaikiye as is
daughters.
H. 2nd -5th Respondents in 2nd set of Respondent on the 9th of February,2024 at about 11:18 at my
mother’s residence at along ogilo street, ovom yenagoa Bayelsa state informed me and I verily
believed them as follows: that our lather late Johnny Ayibaikiye throughout his life time till his
demise on the 22nd September, 2022 did not at any time tell 2 nd-5th Respondent in the 2nd set of
Respondent about 1st applicant as his son, Fancy Johnny as his wife, Mrs. Johnny Ayibaikiye
Amietimi as his wife, Cordilla Johnny Ayibaikiye, Precious Johnny ayibakiye as his daughters.
I. when my father second employment with Federal inlaud Revenue service in 19… and was
deployed to lagos, my father took me, 2 nd 3rd and 5th Respondent in the 2nd set of Respondent
along to Lagos.
J. from 19… when my father left for Lagos for work with firs in lagos and from Lagos to other
state and FCT my father did not live in his Toru-Ebeni community even up to the time he was
transferred to FIRS office in yenagoa in 2021 where he worked and retired in June 2022.
K. from 2022 when my father retired till he died on the 22 nd September 2022, my father lived all
his life with the 5th Respondent in the 2nd set of Respondent at along ogilo street, ovom, Yenagoa,
Bayelsa state without passing a right outside
9. In further response to paragraph 1,2,3,4,5,6,7,8,9,10 and 11 of applicant counter Affidavit 1 st,
2nd and 4th Respondents vehemently over as follows:
A. When my father shiped at along ogilo street ovom yenagoa while he was going out at about
9;15am on 22nd September 2022, upon receipt of phone call from a good Samaritan, I rushed to
the scene and took my father to the FEDERAL MEDICAL CENTRE (FMC) yenagoa, Bayelsa
state that very 22nd September 2022. As a result my father was admitted in the emergency ward.
B. at the FNC-Yenagoa, my father was revived who discussed with me very well till about 3: pm
when he fainted and eventually confirmed dead by the doctor who attended to him.
C. the doctor after confirming my father dead instantly issued death certificate to me with which
I applied for letter of administration in the probate registry. A copy of the said death certificate is
hereby annexed and marked as Exhibit….
D. I was the one who paid all the medical bills for the admission and treatment of my late father
in the FMC –yenagoa on the 22nd of September, 2022.
E. due to the fact that I was crying over the sudden and painful death of my father at the FMC-
yenagoa, my maternal uncle by name ROBINSON SENGE took me to my parent’s house at
ogilo street ovom-Yenagoa.
F. before ROBINSON SENGE took me to my parent’s house at ogilo street, ovom-Yenagoa, I
gave Fifty Thousand Naira (N50, 000.00) to my maternal aunt by name TOKONI EGENFA who
was present with me at the FMC-YENAGOA to deposit the corpse of my father in the FMC-
Yenagoa mortuary while 2nd Respondent in 2nd set Respondent accompanied TOKONI EGENFA
to see the deposit of the corpse

G. Tokoni egurenfa ant the 2nd respondent in 2nd set of respondents the following i.e. 23 rd of
September, 2023 at my parent’s residence at about 11:22 am informed me and I verily believed
them as follows that Tokoni eenfa paid the fifty thousand Naira (50,000.00) to FMC- Yenagoa
mortuary attendant as deposited of corpse of my late father.
H. my husband Ebikake Benson, ESQ who travelled to Abuja on the 18 th of September, 2022 and
came back on 07 December, 2022 went to the FMC Yenagoa mortuary with me on the 07
December, 2022 for purpose of observing the corpse of my late father where I gave Ten
Thousand Naira (N 10,000.00) to the mortuary attendant for purpose of buying chemicals for the
corpse of my Father.
I. On the 16th of December, 2022 my husband and I met the mortuary attendant and intimated the
mortuary management of our plan to take the corpse of my late father for burial on 6 th of January
2023.
j. in the circumstance stated in I above the mortuary attendant calculated the outstanding
mortuary cost and bills from 22nd September at the sum of seventy-four thousand two hundred
Naira (N 74,200). As of 16th December 2023 and from 16th Dec 2022 to 6th Jan 2023
However, I pleaded with the mortuary attendant to deduct something from the said Seventy-Four
Thousand Two Hundred Naira (N74,200) no deducted only One Thousand Naira (N1000) and
asked us to pay Seventy-Three Thousand Two Hundred Naira (73,200).
K. on the 4th of January 2023, I and my husband met with the mortuary attendant again and I
pleaded with him to deduct something from the Fourteen Thousand Seven Hundred (N14,700)
who deducted only One Thousand Two Hundred Naira (N1200) and asked me to pay a total of
Eighty-Seven Thousand Naira (87,000.00) only as the overall mortuary cost and bills of the
corpse of my father from 22nd September 2022 to the 6th January 2023 which I paid.
Copy each of the document used by the mortuary attendant in writing the said seventy-three
thousand naira (N73,200) and the mortuary bill is hereby annexed and marked as exhibits…
I. On the same 4th January 2023, after payment of the said Eighty-Seven Thousand Naira
(N87,000.00) to the mortuary attendant, my husband left the meant casket with the mortuary
attendant for my father’s corpse.
M. it was my husband who also hired the ambulance used in conveying the corpse of my father
to Toru-Ebeni community on 6th January 2023 for burial
N. Everything concerning the treatment of my father in the FMC Yenagoa, deposit of his corpse
in the FMC yenagoa mortuary on the 22nd September 2022, burial planning, arrangements of the
corpse of my father on the 6th of January, 2022 including release of the corpse from the mortuary,
medical bills, decision for burial date and burial expenses were all made by myself, 2 nd – 5th
Respondents in 2nd set of Respondent and my husband and no other person from my father’s
family
o. Neither of relatives of my father’s family contributed a dime financially for the burial cost and
expenses nor on idea about the 6th January 2023 burial date of my father as such date was solely
chosen by 2nd set of Respondent being convenient to us without let or hindrance from anybody.
4 copies of different photograph depicting the 2nd set of Respondent taken during the burial rites
of my father of Toru-Ebeni community on 6 th January 2023 hereby annexed and marked as
exhibits PH 1, PH2, PH3, PH4.
P. from the left to right in exhibit PH1 is:
i. ENGR. TIMI ENEBIMO FLIENCE JOHNNY first son of my father JOHNNY
AYIBAKIEYE sued as 2nd Respondent in 2nd set of Respondents who performed the role
of chief Mole mourner commonly known as “oweikoni” in our tradition.
ii. 3rd respondent in the 2nd set of respondents
iii. Myself
iv. My material aunt Tokoni Egenfa
v. My husband
Q. from left to right in exhibit PH2 taken during service of songs in my father’s compound
i. Pc Eseimokumo Emmanuel Johnny sued as 4th Respondent in 2nd set of Respondents
ii. 5th Respondents in 2nd set of Respondent
iii. 3rd Respondent in the 2nd set of Respondents
iv. Myself
R. from left to right in exhibit PH3 taken during service of songs in father’s compound is Toru-
Ebeni
i. 5th Respondent in 2nd set of respondents
ii. Myself
iii. 3rd respondent in the 2nd set of Respondent
iv. My church pastor, pst pama
S. the person wearing white at the extreme by the wall of the building at the background of
Exhibit PH3 is 5th Respondent in the 2nd set of Respondents being consoled by my father’s
compound people in Toru-ebeni community on the 7 th of January 2023 after the interment of the
corpse of my father.
T. the casket in Exhibit PH4 is the casket containing the corpse of my father taken on the 6 th of
January 2023 at my father’s compound in Toro-Ebeni community.
V. the person in Exhibit PH5 are all staff member of FIRS from Yenagoa office taken during
service of songs in my Father’s compound on 6th January 2023.
10. in further response to paragraphs 1, 2, 3, 4, 4, 5, 6, 7, 8, 9, 10 and 11 of applicant counter
affidavit I vehemently state as follows:
a) I know as well as 2nd – 5th Respondents in 2nd set of respondents that my father did not
have any surviving brother or sister during his lifetime because my father used to tell us
right from our childhood while we grew up and that he was the only surviving child of
his parents since other died of cholera.
b) The fact that my father did not have a surviving brother or sister was given to the probate
panel on 1st of February 2023 by 2nd set Respondents during interview. A copy of probate
form containing the seid that is hereby annexed and marked as Exhibit.
c) It is a fact of common knowledge to the people of Toru-Ebeni community and its
environs that my father died on the 22 nd September 2022 at the FMC-Yenagoa and whose
 corpse was deposited in the FMC- Yenagoa mortuary till removed on 6 th January 2023
and buried on 7th January 2023.
11. In further response to paragraph 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of Applicants counter
affidavit, I categorically date that J. Amity ESQ on of November 2022 of about 4:
15pm in his office at informed me and I verily believed him as follows
a. That when a person dies intestate, nobody including a named next of kin can inherit, or
dissipate or share or deal with the properties of the deceased person who died intestate
unless an administrator of the estate of the deceased person empowered by a letter of
administration granted by the probate registry.
b. That any person including a named next of kin, who inherit, or dissipates, or shares or
deal with properties of a person who died intestate inn whether manner commits an
offence and is liable to a fine of not less than N50,000.00 besides other liabilities.

12. In further response to Paragraph 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the applicant counter

affidavit, I state categorically as follows:
a. In order to be able to deal with properties of my late father Johnny Ayibaikieye based on
Exhibit D2 annexed to paragraph 13 of the joint affidavit of 1st, 2nd, and 4th Respondent in
the 2nd set of respondents in support of preliminary objection, the probate Registrar in the
probate Registry of the Bayelsa state High Court Complex, ovom-Yenagoa, Bayelsa
State on the 27th of July 2023 at 10:07am advised me and the 2nd Respondent in the 2nd
Respondents and I verily believed her as follows, that it is only by an order of the High
Court of Bayelsa State the purported caveat (Exhibit D1 annexed to paragraph 13 of the
joint affidavit of 1st, 2nd, and 4th Respondent in the 2nd set of Respondent in support of
preliminary objection) can be vacated, hence the 2nd set of Respondents file suit no:
BYHC/YHC/CV/189/2023 Between Mrs. TARIERE NAOMI BENSON & Ors V. MR.
JOHNNY AYIBAKIYE EBIPADE & ANOR as 1st set of respondents & the probate
registrar, high court of bayelsa state as 2nd set Respondent. A copy of the said suit is
hereby annexed and marked as Exhibit

13. That I depose to this further affidavit in good faith conscientiously believing its content to be
true and in accordance with the oath Act, 2004

_________
DEPONENT
Sworn to at the Federal High court Registry,Yenagoa
This___________ day of __________ 2024
BEFORE ME
COMMISSIONER FOR OATH