An octogenarian, Pa Sunday Idemudia (82), was on Tuesday arraigned by the Edo Police Command before a Benin Magistrate Court, sitting in Oredo, on a three-count charge of obstruction, prevention and defeat of course of justice; contempt of court and for forcefully retaking possession of a property, in the actual and peaceable possession of Engr. Emmanuel Omoigberai, the complainant in the matter.
Idemudia, who was accused of conniving with others now at large, was said o have committed the crimes on January 15, 2022, when he broke the seal of the court on the property situated at No 2, Iyamu Street, opposite Ebenezer School, GRA, Benin City, the said property having been pronounced to be legally owned by Omoigberai by the judgment of a Benin High Court, delivered on March 30, 2021, by Justice Efe Ikponmwonba.
According to the charge sheet in the criminal case with suit number MOR/97c/2022, the execution of the High Court judgement was carried out on January 14, 2022, when the court officials sealed off the property in accordance with the orders of the court, but the accused person and others at large broke the court seal on January 15, 2022, and took possession of the property.
The charges read: “That you Sunday Idemudia ‘m’ and others now at large, on or about the 15th day of January 2022, at about 100hrs, at No 2, Iyamu Street, opposite Ebenezer School, GRA, Benin City, in the Oredo Magisterial District, did knowingly and intentionally conspired amongst yourselves to obstruct, prevent or defeat the course of justice and thereby committed an offence punishable under Section 127 (1) of the Criminal Code, Cap 48, vol. II, Laws of the defunct Bendel State of Nigeria 197, as applicable in Edo State.”
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Count II of the charge sheet reads: “That you Sunday Idemudia ‘m’ and others now at large, on or about the 15th day of January 2022, at about 100hrs, at No 2, Iyamu Street, opposite Ebenezer School, GRA, Benin City, in the Oredo Magisterial District, did knowingly and intentionally conspired amongst yourselves to commit the offence to wit: contempt of court and thereby committed an offence punishable under Section 517 of the Criminal Code, Cap 48, vol. II, Laws of the defunct Bendel State of Nigeria 197, as applicable in Edo State.”
The last count states that: “That you Sunday Idemudia ‘m’ and others now at large, on the same date, time and place, in the aforesaid Magisterial District, did display intentional disrespect to Order of Court by forcefully retaking possession of a property in the actual and peaceable possession of Engr. Emmanuel Omoigberai ‘m’ vide judgement in his favour in Suit No: B/233/2008 delivered by His Lordship the Honourable Justice Efe Ikponwonba, Judge of the Edo State High Court on 30th day of March 2021 and executed on 14thday of January 2022 and thereby committed an offence punishable under Section 133 (8) of the Criminal Code, Cap 48, vol. II, Laws of the defunct Bendel State of Nigeria 197, as applicable in Edo State.”
When the charges were read, the accused person entered a “Not Guilty” plea and was admitted into a N100, 000 bail and one surety in like sum, by the presiding magistrate, Mrs I. A. Osayande.
The suit challenging the ownership of the property was first instituted by Omoigberai in 2008 and the judgement in the matter was delivered 13 years later on March 30, 2021.
With the judgement executed on January 14, 2022, the accused person who was never a party to the 2008 suit, broke the seal of the court on January 15, 2022, and had since approached the courts on three different occasions, seeking for a set aside of the March 30, 2021 judgement and the requests were struck out by the court.
The matter was adjourned to March 29, 2022, for the continuation of the trial.
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