Judge Warns Counsel Against Abuse Of Court Process

A Port Harcourt High Court Judge, Justice Emmanuel Ogbuji, has warned the Counsel representing one of the Inland matters with suit No. PHC/2169/2012 not  to abuse court process following two pending motions before the court and fresh ones being adduced to defendants’ counsel.

Justice Ogbuji gave the warning sequel to another preliminary objection filed  by the Counsel to the 1st to 3rd defendants, Dolapo Tela Atomi  challenging the court of being bias, hinging his argument on an interim injunction earlier granted the claimant, Nnadi Anyanwu.

He rejected the hearing of the matter in his Chamber as requested by the counsel on the ground that the court is an open place, hinting that he has seen the fresh motion filed by the counsel and that its purpose was that the he (judge) should disqualify himself from hearing the matter following the ex-parte motion earlier granted by the court.

The presiding judge remainded the parties that there are two pending preliminary objections before the court which had not been argued and that filing motion without arguing them constitute an abuse of court process.

Earlier, Dolapo Tela Atomi Esq, counsel to the 1st to 3rd defendants, the Registered trustees of Port Harcourt Polo Club and its President Mr. Ibifiri Bobmanuel and Secretary, Mr. Ukagha Igwe had urged the presiding judge to disqualaify himself from hearing the land matter with suit No. PHC/2169/2012, brought by the claimant, Nnadi Anyanwu against the defendants, claiming that there was evidence of bias.

Tela-Atomi argued that the court had earlier granted an interim injunction that lasted for seven days, restraining the defendants and others from trespassing on the said parcel of land, reasoning that the court ought not to hear the matter because it had delved into the substantive suit, by way of interim injunction.  He told the court that his motion was filed on Monday December 10, 2012 and had been served on parties in the matter.

Speaking shortly after announcing his appearance, the State Counsel Pakirima Wokoma for the 4th and 5th defendants, the Attorney General of Rivers State and Rivers State Lands and Housing Bureau respectively told the court that they were served on Monday December 10, 2012.

Wokoma said they had nothing to say and that they had also filed their statement.

In his response, Godswill Azubuike Chukwu who was holding brief for the lead counsel to the claimant, Okey Owhonda, told the court that he had just been served after the matter was mentioned in the court. Chukwu argued that he does not know the content of the motion and asked for a short  adjournment to enable  him look at the content so as to response accordingly. Meanwhile, the court has adjourned the matter till February 6, 2013 for hearing of the preliminary objection.