Retired judge sneaks into courtroom during lockdown, secretly vacates own judgement against APGA boss
By Eneh Victor Chigozie
While we were away in our various houses locked up due to the deadly corona virus outbreak, something happened at the Delta state high court Kwale.
While we were observing the govt’s directive on corona virus in which shops, markets, offices including courtrooms were locked and all of us directed to stay at home to avoid contracting the corona virus disease, the Delta state high court Kwale, sat and without any notice of ruling, delivered judgment in favour of Ozo Victor Ike Oye.
Gentlemen, Justice Ofesi of the Delta state high court Kwale has vacated his earlier judgment which sacked Victor Oye and nullified the APGA BOT meeting of May 14, 2019.
Justice Ofesi who retired on April 24th from active service, sneaked into the court room on April 23rd to vacate the judgement without notifying the other party.
Infact, the vacation application filed by Ozo Victor Ike Oye was not slated for ruling. On the order of the CJN in line with the quarantine act of 2004 and COVID 19 Regulation 2020, courts were closed and it was only cases that are time bound that are being given attention.
But it was a huge shock that Justice Ofesi who was to retire on April 24, came into the court on April 23, and delivered a ruling.
According to the plaintiffs led by the acting national chairman of APGA, Barr Mic Adams, the matter from the last adjournment was for the plaintiffs to respond to Oye’s counter affidavit, motion on notice and Address, before the Court and not for ruling.
But on the 19th day of April 2020 the registrar of Kwale High Court called to inform them that his Lordship Justice Ofesi V. I. will be sitting on the 21st of April 2020 in line with the earlier adjournment of Court in the last sitting. In response to him they demanded for a proper text message on this issue for record purposes which he did.
The lawyer to Barr Mic Adams, A.P.A OGEFERE Esq who was in Benin was able to get the judge and begged him that he was in Benin and due to the lockdown in both Edo and Delta States, that there was no way he would make it to the court in Kwale on April 21st, as all roads are blocked.
According to Barr Ogefere, Justice Ofesi V. I agreed with him and requested him to put it in writing and send to him via email, which he complied accordingly.
So on April 21st, the court didn’t sit. But without further communication the Judge whose retirement would begin on April 24th rushed to the court on April 23rd and delivered ruling.
This is one major judicial impunity that took place while we were away maintaining social distancing, washing our hands and doing palliatives.
Only God knows what transpired that the judge rushed to the court on April 23 to deliver judgment in favour of Oye and retired the next day, April 24.
Meanwhile, this is what Barr Mic Adams said;
“I have hereby directed our Legal team to proceed on immediate Appeal to rectify this anomaly as soon as possible.
“Let me assure you all that I shall not leave any boat unturned in our struggle and determination to redeem APGA from the vultures of HELL that has invaded APGA, dancing to the argy of corruption and destabilization of our dear party. I promise to fight with the last drop of my blood to see that APGA is placed in it’s rightful place among the comity of political parties in our Nascent Democracy.”