The daughter of a late President of the Customary Court of Appeal in Abuja, Justice Moses Bello, Ann Eniyamire Bello, has accused her father’s will executor, alongside some court officials, of trying to frustrate and truncate proceedings.
This was contained in a letter dated October 29, 2024, addressed to the Federal Capital Territory High Court Judge, Chief Judge, Justice Husseini Baba-Yusuf, and made available to the media on Wednesday.
The claimant in the letter, alleged that the defendants in the suit (Rev. Father Ezekiel Awolumate, and Christ the King Catholic Church Okene, Parish) whom she referred to as contemnors, commenced a move to frustrate the suit after contempt proceedings were initiated against them and the Executive Director, Asset Management, NELMCO, Mr. Joseph Asuku Bello, over their alleged disobedience to court orders.
Eniyamire had accused Awolumate of shortchanging her in the execution of her father’s will, which specified that his assets be divided among his wife and eight children using an 11.11 per cent sharing formula.
She accused the cleric of altering the formula to 4.16 per cent.
While the matter was on, Eniyamire filed another process asking the court to stop the defendants or any other person from selling any of the late judges’ properties, including the one in serious dispute at NO.41 PANAMA Street Maitama, Abuja.
On October 14, Justice M. A. Madugu of the Federal Capital Territory High Court, Bwari, Abuja, granted the order and directed security agencies to arrest any violators of this order.
Madugu also ordered that the disputed properties be marked with red paint and display a sign reading “NOT FOR SALE / Lis Pendens” until the case’s resolution.
But in a committal process filed by the claimant on October 25, she accused Awolumate and Bello of disregarding the court order and cleaning up the not-for-sale inscription.
In the letter by the claimant’s lawyers, Yahuza Mahraz and U.K Daneji, they urged the CJ not to allow his office to be used as a tool to subvert the course of justice and fair hearing in the matter.
The Attorney General of the Federation, Minister of Justice, Lateef Fagbemi (SAN), Chief Justice of Nigeria, all supreme Court justices, the President of the Court of Appeal, Chief Judges of all high courts, and Justice M.A Madugu were copied in the letter dated October 29.
Eniyamire said, “ Our Client’s attention is highly drawn to an ongoing sad administrative coup d’etat, plotted and orchestrated by the Contemnors in the above-mentioned suit in connivance with some powerful Fct high Court officials, solely aimed at frustrating and interrupting judicial proceedings of the above-mentioned suit Pending before his lordship M. A Madugu of FCT High Court, Bwari Judicial Division and subverting the course of justice.
“We first and foremost seek to urge My Noble Lord Not to allow his office to be used as a tool to subvert the course of justice, judicial proceeding and fair hearing by some unscrupulous Fct High Court officials who always believed that they have the powers to do and Undo anything they deem fit and get away freely with”.
She also accused the defendants, alongside others, of trying to make the CJ reassign the case through an illegal process instead of filing an application for recusal.
Eniyamire added, “We Submit that the proper mode which is in tandem with the spirit of FAIR HEARING and egalitarian and civilised society, of which a pending suit is re-assigned to another court or judge, is by an Application for recusal made in an open court by any party, by way of a Motion On Notice and NOT by any form of Administrative coup d’etat plot against any pending suit and the Judiciary at large.
“We refer your lordship to the provisions of Section 36(1) & (2) (a),(b) of the Constitution of the Federal Republic Of Nigeria, 1999 (As Amended).”
Eniyamire further urged the CJ not to be misled by any contemnor into hiding under the Guise of the Provisions of section 66 (1),(2) of the FCT High Court Act and plot an administrative coup d’etat against the case.
She expressed her disappointment at the defendants for making moves to frustrate and truncate proceedings rather than purging themselves of contempt.
She said, “It is imperative to note that, the Contemnors in the above-mentioned suit have since the very day when the claimant commenced Contempt proceedings against them by filing form 99 and later form 100 over their clear willful disobedience to and disregard of the Orders of the Court by Deleting the Inscription NOT FOR SALE/LIS PENDENS And Removing the Copies of the Orders of this Hon. Court already Affix by the Officers of this Hon. court on the Walls and Main Entrance Gate of A DEVELOPED PROPERTY, PLOT NO 763 CADASTRAL ZONE A6 (NO.41 PANAMA STREET) MAITAMA, ABUJA, C-OF-O NO: 164 EW-FE 243-59 DDR 6018U-10 OF FILE NO: KG 10050 as directed by the Court, instead of purging themselves of contempt, chooses to run helter skelter, from one office to another, all in a bid to frustrate and truncate the proceeding of the court, lower the prestige, majesty and dignity of the Court and subvert the course of justice.”
PUNCH
