By Polycarp Ifeanyi, Onitsha
Anambra State High court sitting at Atani in Ogbaru Local Government Area of the State has reserved judgment for a date yet to be mentioned in an Originating Summons filed by an aggrieved members of Electronics Dealers Association Onitsha, EDAO, Ifechi Anozie, against government appointed committee of the market and registered trustees of the Association.
Presiding Judge of the court, Justice C.C. Okaa who disclosed this on Thursday shortly after both parties, through their legal counsels adopted their final written and oral addresses, however did not mention any particular date for the judgment as according to him, both parties would be communicated as soon as the judgment is ready for delivery.
The first defendant is Chief Sir Donatus Obi, Chairman of the three-man state government appointed revenue committee in the Market, Mr. Benjamin Anyanwu and Mr. Nnaemeka Nwanna (2nd and 3rd defendants), trustees of EDAO; Mr. Izuchukwu Okoye (4th) who according to the plaintiff, is not even a member of the Market Association nor has shop in the Market and the registered trustee of EDAO which is the 5th defendant.
When the case was mentioned on Thursday, Lovelyn Ezeude Esq, counsel to Samuel Chinedu Ike Esq, the Permanent Secretary of the State Ministry of Trade and Commerce, as well as the Special Adviser to Governor Chukwuma Soludo on Trade and Markets, Chief Evarist Ubah, told the court that she had an application to join the state government as co-defendants in the suit but counsel to the plaintiff, Ugo Ugwunnadi vehemently opposed the application on the ground that the state government had already specified the duties assigned to the three-man committee, adding that the application was not backed up by a sworn affidavit.
At this juncture, Ezeude informed the court of her intention to withdraw the application and the court instantly granted her request to withdraw the application and consequently she withdrew it based on the heated arguments put up by Ugo Ugwunnadi, the plaintiff counsel.
In the suit No. AT/83/2023, the plaintiff, Anozie, through his legal counsel, Chief Ugo Ugwunnadi had dragged the defendants to the court seeking a perpetual injunction restraining them, their agents and workers from collecting any other money or levies from members of the Association in the market, except government tax and development levy accruable to the state government.
The plaintiff is also seeking an order of perpetual injunction restraining the defendants from calling and holding meetings of EDAO and appointing person or persons into the association’s offices or in any way whatsoever interfere or meddle in the affairs of EDAO in any way purported exercise of the powers conferred on the 1st, 2nd and 3rd defendants by the government which was clarified in a letter of the state government dated August 16, 2023 and signed by Samuel Chinedu Ike Esq., Permanent Secretary, Ministry of Commerce and Industry, with reference No. MIC/MKT/P5/01/04.
The plaintiff further prayed the court to set aside the peace committee and any other committee constituted or appointments made by the 1st, 2nd and 3rd defendants in the market, adding that the court should equally direct the 1st to 3rd defendants to account to the 5th defendant, excluding the 1st defendant who is not a trustee of EDAO for all sanitation, electricity, security, loading and offloading levies illegally collected from members of EDAO.
The plaintiff finally sought the court order directing the 1st to 3rd defendants and their appointees and committees to vacate the Secretariat of EDAO, an order directing them to surrender to the 5th defendant all properties of EDAO in their possession, as well as mandating the 5th defendant, excluding the 1st defendant who is not even a trustee of the association to conduct election into all the offices of the association within 30 days of the judgment of this court in this suit.
However, in their counter affidavits, the 1st defendant insisted that he is one of the trustees of EDAO, contrary to the claims by the plaintiff that he is not a member of the trustees, the 2nd and 3rd defendants maintained that the suit lacked merit and should be dismissed.
Counsels to the 1st,2nd, 3rd defendants, G. N. Osuke Esq 4th defendants, Arinze Obidozie Esq and 5th defendants, Emmanuel Ezemenari Esq prayed the court to dismiss the claims of the plaintiff for making allegations of fraud against the defendants.
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