P.M.EXPRESS reports that the duo in suit No. E/878/202 filed through their Counsel, Dr. Peter Chidera Aneke, also asked the Court presided by Hon. Justice Uchenna Mogbo, to declare that the “purported parallel election of the officers of the National Executive Council (NEC) of Ohanaeze conducted in Enugu State at the instance of the defendants was illegal and unconstitutional.”
The suit mentioned Chidi Ibeh, Okechukwu Isiguzoro, Prince Richard Ozobu, and Nnabuike Okwu, as 1st, 2nd, 3rd and 4th defendants.
It was recalled that at the last NEC election of Ohanaeze held in Owerri, the Imo State capital, Ambassador Obiozor and Emuchay emerged President-General and Secretary-General of the organisation respectively.
While another parallel election, which was conducted in the Enugu State capital, elected Messrs Ibe and Isiguzoro, as President-general and Secretary-General respectively while Prince Ozobu was the Chairman of the electoral body that midwived the Ohanaeze NEC election held in Enugu.
When the matter came up on Tuesday, 1st November, 2022, Emma Awuja Esq., counsel to Prince Ozobu, faulted the mode of service of the writ of summons on the four defendants.
He explained that the summons meant for the four defendants were dumped with a sales girl in a boutique adjoining the Enugu residence of Prince Ozobu, contrary to the substituted service sought by the plaintiff, as well as the order of the Court, which specified that the originating processes should be pasted on the front gate of No. 9 Ezilo Street, Independence Layout.
Counsel to Ozobu further argued that the plaintiffs misled the Court by deposing in the affidavit in support of their exparte motion for substituted service that No. 9 Ezilo Street, Independence Layout, Enugu, is the office of the defendants, whereas it is the personal residence of Ozobu.
He explained that the 1st defendant (Ibeh) resides in Umuahia, Abia State; the 2nd defendant (Isiguzoro) lives in Owerri, Imo State, adding that the whereabouts of the 4th defendant (Okwu) is unknown.
Awuja told the Court that in granting the plaintiffs’ motion for substituted service, the Court did not order that the other three defendants should be served through Ozobu, saying that the “plaintiffs cannot shift the burden placed on them by law,” on Ozobu’s shoulders.
He had in a motion on notice dated 13th October, 2022, urged the Court to set aside the service of the originating processes on the defendants, and all other processes, including motion for injunction restraining the 1st, 2nd and 4th defendants from parading themselves as elected National officers of Ohanaeze.
However, counsel to Obiozor and Emuchay described the application as “incompetent, and “incurably defective,” and asked the Court to uphold the mode of service of the writ of summons on the defendants.
Hon. Justice Mogbo will rule on the matter on 24th November, 2022.