Ugbo Egbelemeji petitions NJC over transfer of case to Koko

By Emma Ujah, Abuja Bureau Chief

Ugbo Egbelemeji Community in Warri North Local Government Area, Delta State, has petitioned the National Judicial Council, NJC, over what it described as “malicious transfer” of suit (HCH/15/2014)  between Pastor Florence, ORS Vs Mr. Victor Buwa ORS by Chief Judge of Delta State, Justice Marshall Umukoro, from Sapele to Koko, both in Delta State.

The community urged the NJC to prevail on the state Chief Judge to return the case to the High Court in Sapele or any other neutral ground as it claimed that Koko was not safe for its members.

The case involves a dispute between the Ugbo Egbelemeji community and Koko community, its neighbours, over the ownership of a piece of land.

According to the petition by the community’s lawyers, M.I. Oyakhire & Co (Ahonkhai Chambers), the Chief Judge of the state had earlier transferred the case from Oghara to Koko but the Ugbo Egbelemeji requested that it be transferred to a neutral ground since the case was between it and Koko community.

Based on that request, the case was transferred from Koko to Sapele Judicial Division.

Ugbo Elegbemeji said it had complained to the Chief Judge to transfer the case from Koko because its members were being attacked whenever they went for hearing.

However, it said that the intervention of the NJC had become necessary as the Delta CJ had reversed his earlier transfer of the case by returning it to Koko.

According to the community, its members cannot go to Koko for hearing since their lives would be in danger, as they had been previously been attacked in Koko.

The petition reads in part, “Our client who are the claimants in the above suit which had been filed since 2014 as shown in the suit number stated that  Justice P. N. Obanor transferred the suit to Koko as he was covering both courts and the area in dispute between the parties which said area is situated within Warri North Local Government Area, a place within Koko Judicial Division.

“We wrote to the  Chief Judge, Delta State and complained of the situation on ground, that since Koko community are parties to the suit, the matter should be heard in a neutral ground as our clients know very well that Koko people will attack them during and after each court date.

“That because of the attack and thugery acts of Koko people hence the court today to maintain peace and order.  We therefore,  appeal to Chief Judge of Delta to transfer the case to neutral ground.

“An application for transfer was made to the Chief Judge of Delta State by a letter dated November 4,2016 which said application was granted via a letter with reference No. DTJJ/CA/138/VOL 1/145 dated  December 6, 2016 whereby the case was transferred to High Court of Justice (Court 1) Sapele in the Sapele Judicial Division.”

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