By Idahosa Musa
An Edo State Magistrate Court, Sitting In Ekiadolor Magisterial District, Ovia North-East Local Government Area, has dismissed the criminal suit filed by the State Commissioner of Police against Pa. Stephen Osaretin Oyenmwense, the Odionwere (Head) of Obagie Community in the state over lack of jurisdiction.
The Presiding Magistrate, V.E. Oyekpen (Mrs.) while delivering judgement in a no case submission filed by counsel to defendant (Oyenmwense), E.S. Odemwingie Esq, held that it was incompetent and un-procedural for the court to hear same issue already heard by another court of co-ordinate jurisdiction.
The court said: “As a Chief Magistrate Special Grade, I have the power to take decisions and make binding orders in this charge but suo motu (on its own motion) in all integrity and impartiality.
“I decline jurisdiction and thereby loosen the judicial basis for the exercise of the power. Consequently, it is the decision of court dismissing the charge No: MCK/89c/ 2022A from Ekiadolor Magisterial court and that the all-round hearing and determination by Iguobazuwa Area Customary Court as Suit No: OSWACC/2T/2013 as totally relied on.
“In all integrity and impartiality therefore, I most humbly decline jurisdiction to delve into the facts as evidence in this case to determine this charge MCK/89c/2022 which facts have already been evaluated and determined by a court of co-ordinate jurisdiction as it will accommodate an abuse of court to decide on this case as well.
“This reason is informed based on the following: “The knowledge of court that this issue by same parties, facts and subject matter in their tussle for leadership of Obagie Community is a matter which a court of competent jurisdiction as the Iguobazuwa Area Customary Court has determined on Wednesday the 8th day of May, 2024 and it is a court of co-ordinate jurisdiction.
“That the suit thereby determined was filed in 2013 as Suit No: OSWACC/ 2T/2013 in the Customary Court before the arraignment in 2022 of defendant in this court for Charge No: MCK/89c/2022/A on same facts while that suit was still pending and another hearing started in this court impliedly of same effect as the counter claim in the aforementioned suit by same complainant.
“That it is incompetent and un-procedural for hearing same issue in two courts of about a co-ordinate jurisdiction at same time constituting an abuse of court process for which now has robbed this court of the jurisdiction to determine this charge. That this court has the legal mandate to decline jurisdiction even suo motu as herein”.
It would be recalled that the nominal complainant in the suit marked as MCK/89c/2022/A, Dr. James E. Igbinadolor had dragged the defendant through the State Commissioner of Police to court over alleged false representation as the Odionwere of Obagie Village and forgery in a five-count charge.
The charges read thus: “That Stephen Osaretin Oyenmwense ‘m’ and others now at large sometime in the year 2021, at Obagie Community in Ovia North East magisterial district did conspire among yourselves to commit felony to wit: false representation, thereby committed an offence.
“That Stephen Osaretin Oyenmwense ‘m’ on the 22” day of April 2022, at the registry of Ekiadolor Magistrate Court in the Ekiadolor Magisterial district, did make a witness statement on oath in charge No. MCK/19c/2021 between Commissioner of Police Vs James Iyangbe Igbinadolor dated 22nd of April 2021, where you averred on oath in your paragraph 1 that you are the Odionwere of Obagie Community in order to mislead the court knowing same to be false and thereby committed an offence.
“That Stephen Osaretin Oyenmwense ‘m’ and others now at large between the 2016 to 2020, at Obagie Community in Ovia North East magisterial district did conspire among yourselves to commit felony to wit: forgery and thereby committed an offence.
“That Stephen Osaretin Oyenmwense ‘m’, and others now at large, between year 2016 to 2020 at Obagie Community in Ovia North East magisterial District, did forged Obagie Community application for building plot where you also signed as Odionwere of Obagie Community, a representation which you know to be false and thereby committed an offence”.
The police claimed that the alleged offences are punishable under Sections 516, 118, 484 and 465 of the Criminal Code, Cap 48, Vol. 11, Laws of defunct Bendel State of Nigeria 1976 as applicable in Edo State.
In the course of proving its case, the prosecution tendered in court ten (10) Exhits to wit Benin Traditional Council (BTC) Letter, dated 27/05/2021, in support of the prosecution’s case.
At the close of the prosecution’s case, the Learned Counsel to the defendant, E.S. Odemwingie filed and adopted a no case submission.
Also recall that an Edo State Customary Court sitting in Iguobazuwa in a Suit marked OSWACC/2T/2013, had on Wednesday the 8th day of May, 2024 , sacked Dr. James .E. lgbinadolor, as Odionwere of Obagie Community.
The court held that Igbinadolor has no power, right and /or authority being a non-indigene of Obagie Community and or have himself installed as Odionwere.
The court in addition to the sack order also granted perpetual injunction, restraining Mr. Igbinadolor, from further parading himself as the Odionwere of Obagie.
This is even as the court further granted perpetual injunction restraining Igbinadolor, his cohorts, privies and whosoever connected with him from presenting himself to the elders of the community for installation as Odionwere of Obagie.
The court consequently declared Pa. Stephen Osaretin Oyenmwense as the rightful person to be installed as Odionwere of Obagie Community
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