Judiciary
A Wuse Zone 6 Chief Magistrates’ Court, Abuja, on Friday terminated a criminal suit filed against Mr Umo Eno, the governorship candidate of the Peoples Democratic Party (PDP), Akwa Ibom.
Delivering ruling, the Chief Magistrate, Mr Emmanuel Iyanna said that following an affidavit of urgency filed by the defendant , Eno on Monday, which was granted on Tuesday, “the matter is hereby terminated.”
The court also set aside the entire proceedings and the earlier judgment delivered in the suit on Dec.23,2022 judgment.
The court in the said judgment had issued an arrest warrant after convicting the defendant on charges bordering on cheating and dishonestly inducing delivery of property.
Following the judgment, the defendant filed an application seeking to vacate the order on the grounds that he was not served the hearing notice of the suit.
The court on its part granted Eno application on Wednesday by vacating the warrant of arrest.
The court in addition terminated the suit on Friday stating that the complainant was absent when the motion of urgency was heard on Wednesday.
He said since he already vacated the warrant of arrest and the judgment, he concluded by saying, “the matter is hereby terminated.”
News Agency of Nigeria ( NAN), reports that the complainant, Mr Edet Etim, the complainant instituted the suit via a direct criminal complain in 2022.
In the charge Etim had alleged that he carried out a contract for the defendant which spanned for about six years.
Etim in addition alleged that the defendant was supposed to pay him about N28 million.
He said that the defendant breached the terms of the contract by refusing to pay him.
The complainant counsel, Mr Saatsaha Yenge had earlier in the court said that they received the notice by substituted means of pasting, informing them that the matter slated for Friday was coming up for hearing of the defendant applicant’s motion filed on Monday.
He added that he responded by filing a counter affidavit on Thursday
“The applicant is not in court. It appears that they are not interested in moving their motion.
“We made attempts to serve our counter affidavits on the applicant but we discovered that the address provided is a business centre.
“We hoped they would be in court so that we could serve them. This court is not a place for dumping processes.
“We urge the court to strike out their application for want of diligent prosecution”, the counsel stated.
Yenge also reacting to the ruling shortly after the court session, he said that they were not informed about the hearing of the motion of urgency.
He also faulted the court for setting aside the entire proceedings and judgment on the grounds that it was never sought as a relief in the defendant’s motion.
The defendant counsel, Mr Samuel Ikpo was however absent for Friday proceeding. ( NAN)
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Tags: Edet Etim Emmanuel Iyanna Saatsaha Yenge Samuel Ikpo Umo Eno
