…as fresh application to Anambra CJ for transfer of case stalls further proceedings
By Chuks Eke
Onitsha High Court No. 4 presided over by Justice Sylvester Odili has adjourned the N3 billion suit filed by the Incorporated Trustees of Onitsha Sports Club against Ekwerekwu family of Onitsha to April 15′, this year to allow the Chief Judge of Anambra state, Justice Onochie Anyachebelu decide whether to transfer the case out of Court 4 to any other court or not.
This followed a fresh application by the Ekwerekwu family to the state Chief Judge seeking a transfer of the suit from Court 4 to any other court based on their assumption that the presiding Judge of the High Court No. 4, Justice Odili is bias so far in trying and determining the matter.
Justice Odili had slated Wednesday, March 26 for cross examination of the second plaintiff, Chief Daniel Okafor who is the President of Onitsha Sports Club and the first Prosection Witness, PW1 in the suit but when the matter was called up,the first defendant, Horold Ekwerekwu,s counsel drew the attention of the court to a fresh application made by her client to the Chief Judge asking for the transfer of the suit to any other court.
Counsels to the plaintiffs, Nnamdi Ibegbu SAN, A. C. Anaenugwu SAN and Chris Ajugwe Esq raised an objection to the defendant’s application which they described as frivolous and a delay tactics in the matter but Justiice Odili insisted on adjourning the matter to Tuesday, April 15 to enable the CJ act on the application and decide whether to grant it or not.
The defendants, Ekwerekwu family of Okposieke Kindred, Ogbolieke Village, Onitsha had on February 11, levied same bias allegation against Justice Odili when they made a similar application to the Administrative Judge of Onitsha Judicial Division, Justice J. I. Nweze requesting him to transferr the case out of court 4 to any other court but Justice Nweze refused to grant the application on the ground that it is not expedient in the interest of Justice.
Justice Nweze had while refusing to grant the application brought before him, pursuant to Order 38 Rule1 (1)”and Rule 10 of the Anambra state High Court Civil Procedure Rules 2019, declared: “upon considering the application for the transfer of the above case filed by Harold Ekwerekwu Esq. for the 4th and 5th defendants on February 11 this year, it is found not expedient in the interest of justice that the Suit No. O/277/2025 now pending before High Court No. 4 be transferred to any other court”.
The refusal of Justice Nweze to grant the application on February 25, prompted Justice Odili of High Court No. 4 to adjourn further hearing of the suit to Wednesday, March 26, this year for cross examination of the second plaintiff, Daniel Okafor.
Ekwerekwu’s application for the transfer of the case from Court 4 to any other court might not be unconnected with the recent interlocutory injunction granted by the court restraining Ekwerekwu and his agents from further invading or trespassing into the premises of Onitsha Sports Club or demolishing existing structures on alleged attempt of retrieving the land from the the Trustees of the club.
In the suit, the plaintiffs are claiming a total sum of N3 billion from the defendants as damages for invading the premises of the club on three occasions and demolishing some existing structures therein.
Precisely, the defendants are asking the plaintiffs to vacate the land for them to take possession because according to them, the 99-year lease signed between the colonial masters and the Obi of Onitsha on behalf of other chiefs of Onitsha olden days had elapsed and as such they want to retrieve their forefather’s land from the club members.
In another development, a peace meeting convened by Barrister Harold Ekwerekwu for the resolution of the dispute between the parties held in Onitsha Sports Club ended in without a resolution as Trustees of the club insisted that they would not ‘cede an inch of the Club’s landed property’ to Ekwerekwus, contrary to his and his group’s proposal that the Club should retain the ownership of the developed area and release the undeveloped land within the Sports club premises to the Ekwerekwus for peace to reign.
