Anambra court reserves judgement in suit against market administrators, trustees as state government’s bid to be joined fails

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By Alphonsus Nweze, Onitsha

A Anambra State High Court sitting at Atani in Ogbaru Local Government Area has reserved judgement in a case filed by an aggrieved member of Electronics Dealers Association Onitsha, (EDAO), Ifechi Anozie, against State Government appointed committee of the market and registered Trustees of the association.

Presiding Judge of the court, Justice C.C. Okaa, who stated this Thursday shortly after both parties, through their counsels adopted their final written and oral addresses, however did not mention any particular date for the judgement as according to him, both parties would be communicated as soon as the judgement 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 came up Lovelyn Ezeude, counsel to Samuel Chinedu Ike, 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 Uba, 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 nearly specified the duties assigned to the three-man committee, adding that besides, the application was not backed up by a sworn affidavit.

At this juncture Ezeude informed the court of her intention to withdrew the application and the court instantly granted her request to withdraw the application and consequently she withdrew it after heated arguments put up by Ugwunnadi, the plaintiff counsel.

In the suit No. AT/83/2023, the plaintiff, Anozie, through his 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 market, except governnent 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, elecricity, 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 appointeees 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 judgement of this court in this suit.

However, in their affidavits, counter affidavits and further counter affidavits, while 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 lacks merit and should be dismissed.

Counsels to the 1st, 2nd, 3rd defendants Osuke Esq, 4th defendant, Arinze Obidozie Esq, and 5th defendant, Emmanuel Ezemenari Esq, prayed the court to dismiss the claims of the plaintiff for making allegation of fraud against the defendants.