Anambra Judge orders market leader to give account of revenues collected since 2023, awards N.5m cost

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By Alphonsus Nweze, Onitsha

Justice C..C. Okaa of Anambra State High Court sitting in Onitsha has directed the chairman of the three-man Administrator of Electronics Dealers Market Association Onitsha (EDAO), Chief Donatus Obi, to render account of revenues due to the market which he collected since he assumed duty in 2023 till the day of the judgment, Friday July 26, 2024, to the Board of Trustees (BoT) of the market.

In his judgment in the case brought by a member of the association, Mr. Ifechi Anozie against Chief Obi and others, Justice Okaa also directed that the Three -Man Administrator should immediately stop collecting any other levy in the market such as security,loading and off-loading, electricity and sanitation levies among others except the ones the State Government allowed them.

The Judge also awarded N500, 000 cost against Obi.

He said in his judgement Friday that it was wrong for Obi, the chairman of the Three-Man Committe to be collecting revenue due for the market.

The Judge said the Anambra State Government had earlier stipulated in their letter of appointment given them,, the levies which they would be collecting , which included. tax and development levies only.

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 also sought 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 to exercise 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 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 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 both parties: Chief Ugwunnadi and Emmanuel Ezemenari were present during the judgment but Obi was conspicuously absent.

In a related matter, Justice Okaa struck out Suit No AT/11A/2023 between Commissioner of Police and Ifechi Anozie.