An Onitsha High Court in Anambra State, presided over by, Justice A. O. Okuma has adjourned hearing to September 2, 2013 in a Motion ex-parte filed against Governor Peter Obi, by Chief Bonaventure Mokwe, the detained proprietor of Upper Class Hotel, Onitsha, which was recently demolished following the discovery of some decomposing human heads inside the hotel room.
The adjournment came shortly after counsel to the applicant, M. N. Umenweke, leading Franklyn Ibeh, K. J. Bielu, F. A. Naza and L. M. Ikwuka, moved the motion afresh as directed by the court. Justice Okuma had directed the counsel to the applicant to move the motion afresh because the previous one could not stand due to the fact that the case file was not duly approved by the Chief Judge of the state before it was assigned to the vacation court by the state Chief Registrar.
This led to returning of the file to the CJ for approval, adding that now the case filed had been duly approved and assigned, in line with the standing order, the motion has to be moved afresh. Mokwe, had through his solicitors, brought the motion against Obi and the Attorney- General of Anambra state, pursuant to Order 40, Rules 1 (A & B), 3(1),(2) and (1) of the High Court (Civil Procedure) Rules of Anambra State, 2006 and under the inherent Jurisdiction of the court.
In the motion accompanied by affidavit of facts in its support, affidavit to verify the facts relied upon, affidavit of urgency and written address in its support, the applicant is praying the court for a leave to apply for the order of prohibition against the respondents herein from confiscating, and destroying his assets and properties, pending the hearing and determination of the substantive suit.
The applicant is also seeking the court order that the leave so granted shall act as a stay of confiscating, and further demolishing and all further actions of the respondents in connection with the complaint in the suit, pending its determination. The court also adjourned another motion on notice filed by Mokwe, against Chief Superintendent James Nwafor, the Officer-in-Charge of Anambra State Special Anti-Robbery Squad, SARS; Commissioner of Police, Inspector-General of Police and Attorney-General of Anambra State to August 22, 2013 for hearing.
The adjournment followed an oral application by the applicant’s lead counsel, Umenweke, praying the court for a short adjournment to enable them react to a counter-motion filed and served on them by the defence counsel.
Counsel to the first and second respondents, Nwafor and CP and C. A. Oriphapor, did not object to the application for adjournment. In the motion on notice, the applicant, through his solicitors is seeking a declaration of the court that his arrest and detention on August 1, 2013 by the respondents and other officers over an alleged tip-off is illegal and unconstitutional.
The applicant also sought the court declaration that his continued detention in custody without allowing him access to his counsel and relations is unlawful and unconstitutional, adding that the court should grant an order of perpetual injunction restraining the respondents, their agents, privies or any person acting on their instruction or directives from further detention, harassment and attempt on his life and properties.
He further sought an order of the court to declare that the attempt by the respondents, their agents, assigns, privies and or servants or in whatever guise they are described or called to demolish the property of the applicant situate at No. 8 Old Market Road, Onitsha, Ose- Ekwodu or any other property or properties belonging to him and his family is unlawful and unconstitutional, adding that the court should order his admission to bail.
