Niger Delta
Judge Withdraws From Case Against Catholic Church
The Judge handling the suit instituted by three members of Benin Liturgical group against the Catholic Church has withdrawn from the matter.
Justice Rowland Amaize of the Benin High Court, who is hearing the case, ordered that the matter be returned to the Chief Judge for re-assigning to another judge.
Ha gave the order in Benin on Tuesday after listening to the submissions of counsel to both the plaintiffs and defendants.
The plaintiffs are contesting the appointment of a non-indigene of Benin as archbishop of Benin Archdiocese.
The plaintiffs’ counsel, Mr. Jonathan Aghimien (SAN), had expressed displeasures over the way the court vacated its order restraining the Church from installing the Rt. Rev. Obiora Akubeze as Archbishop of Benin Archdiocese.
He said that he was not properly served to enable him to be in court for the matter, during which the defendants’ lawyer, Dr. Mike Ozekhome (SAN), secured the order vacating the restraining order.
Aghimien said that a lawyer in his chambers signed for the process on Good Friday and that someone drew his attention to the matter by telephone.
He said court processes were not served through the telephone, adding that he was pained that the judge accused him of dodging the court.
He sought the transfer of the matter to another judge for adjudication.
Aghimien alleged that his clients were being intimidated, harassed and threatened with being de-robed by Church authorities.
He said that this was not the first time members of a church had gone to court, especially on issues of administration.
Responding, Ozekhome said a lawyer in Aghimien’s chambers signed for the court processes.
He said that a great damage would have been done to the image of Nigeria if the order was not vacated so that the installation would go on.
Ozekhome said the judge gave an undiluted ruling.
He agreed that the case be transferred to another judge.
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