Malicious Damage: Nominal complainant drags trial Magistrate to High Court over alleged bias

Dr. Mrs. Kenechukwu Enweonwu, a Consultant Medical Doctor at the University of Nigeeia Teaching Hospital, UNTH, Enugu has dragged the Chief Magistrate of Court 2, Ogidi in Idemil Magisterial District of Anambra State, His Worship, O. N. Erinne to Ogidi High Court in Idemil Judicial Division for refusing to recuse herself from continued adjudication of a case of malicious damage assigned to her court.

Joined in the suit No. HID/313/2024 as co-defendants are Ifeyinwa Okocha, Anthony Nwakeze, Emeka Christopher Okocha and Emeka Okocha Jnr.

In an Originating Summons filed on her behalf by her Legal Counsel, Chief Ikenna Egbuna SAN with Ifechukwu Ferdinand Malibu  Esq, and served on Chief Magistrate Erinne and four others, the plaintiff, Dr. Enweonwu is seeking a declaration of the High court that the first defendant, Erinne lacks the competence to continue further adjudication of Charge No. HID/62c/2023 pending before her at the Chief Magistrate Court 2, Ogidi.

The plaintiff also seeks  a declaration of the Court that the continued adjudication by the first defendant over Charge No. HID/62c/2023 amounts to denial of fair hearing to the nominal complainant who had prayed the first defendant, Erinne to recuse herself from continued adjudication of the case but she refused in her ruling and continued to adjudicate over the matter.

She also asked for an order mandating Chief Magistrate Erinne to hands off the case untill the determination of the suit, as well as an order of the court sending the case file containing Charge No. MID/62c/2023 to the Administrative Chief Magistrate of Idemili Magisterial District, Ogidi for trial before another Magistrate.

The Summons filed on September 27, 2024, read in part: "Within 42 days of the service of this summons, inclusive of the day of such service, you are to cause an appearance to be entered against you in this summons which is issued upon the application of the plaintiff from Cyprian Okocha family of Uru-Umuanugo, Ogidi Idemil North Local Government Area and who claims the following reliefs in the terms listed above".

Also in a 12-paragraph affidavit
In support of the Originating Summons deposed to,  the plaintiff,  Dr Enweonwu recalled that she is the nominal complainant in Charge No. HID/62c/2023 pending before Chief Magistrate Erinne of Court 2, Ogidi.

Dr. Enweonwu averred that the Police from Force CID Annex, Enugu had arranged the four co-defendants before Erinne's court on March 14, 2023 on an eighth-count charge of conspiracy, felony, malicious damage, unlawful possession of dangerous weapons, threat to life, break and entry, breach of peace and waging of war against the nominal complainant.

She further averred that the first defendant, Erinne, in the course of the trial of the matter, made an order that the nominal complainant who is the plaintiff in this case will pay a cost of N100,000 to each of the four defendants on or before the next adjourned date, just because when the case came up on September 3, 2024, Counsel to the nominal complainant prayed for an adjournment to enable him file his processes.

She also averred that the cost of N100,000 awarded to each of the four co-defendants by the first defendant, Erinne was made with malice as there was no justification for such an order to be made under the Administration of Criminal Justice Law of Anambra State.

Attaching copies of receipts issued by each of the defendants on payment of the N100,000 cost which were hereto annexed as Exhibits 6 to 9, the plaintiff concluded that the facts of the case abundantly showed that the plaintiff is not likely to get Justice before his Worship, O. N. Erinne.

Meantime, the case file is yet to be assigned to another Magistrate by the Administrative Chief Magistrate of Ogidi, neither has a date been fixed for hearing of the matter.