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From Jeff Amechi Agbodo, Onitsha
There was palpable tension in Anambra market yesterday as High Court sitting in Ogidi area of the state for the second time restrained the Chief Elisius Ozokwere-led executive members of New Auto Spare Parts Dealers Association, Nkpor in Idemili North Local Government Area of Anambra State.
The court, presided over by Justice V. N. Agbata had restrained the Chief Ozokwere executive members from further performing or carrying out any of the duties or functions of the executive committee, pending its determination of the substantive suit which is expected to commence hearing on April 26, this year.
The court had earlier on February 10, this year, granted an ex-parte order restraining the Ozokwere-led executive which was purportedly elected on January 19, 2016, from performing the functions of executive members of the market, pending the hearing and determination. But the defendants quickly filed a motion to set aside the order on the basis that an election had been conducted in accordance with their constitution and won by them.
Justice Agbata struck out the motion filed by the defendants asking the court to set aside its February 10 ex-parte order, which it earlier granted in favour of the plaintiff, Chief Michael Emerah. The judge wondered why the defendants had not filed their statement of defence all the while, but rather based only on their application to set aside the ex-parte order earlier granted by the court.
Insisting that the defendants, their agents and servants should not perform any function as newly executive members of the market, the court therefore, ordered the defendants to file their statement of defence on or before April 26 when hearing is expected to commence.
Members and executive of the market had filed the ex-parte motion asking the court to restrain the defendants, Chief Emmanuel Ukoh, Chuma Eruchalu for themselves and on behalf of the purported caretaker committee of the market, and Elisius Ozokwere, Jude Onyegbu and Uche Malobi and others as the newly elected executive of the market.
In the motion on notice filed by the plaintiffs’ counsel, Ositadimma Nnadi (SAN), the plaintiffs are seeking a declaration of the court that the first and second defendants have no power nor interest nor legal basis to parade themselves as officers or executive of the market.
However, counsel to the defendants, G. E. Ezeuko (SAN) brought the motion to set aside the ex-parte order on the ground that the motion was a misrepresentation of material facts. The matter was adjourned till April 26 for hearing.
