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COURT RESTRAINS MAN FROM PARADING SELF AS COMMUNITY CHAIR

December 21, 2016 Administrator News 0













By Patrick Ahanor
Benin City

A Benin High Court has restrained one Charles Uyiekpen from  parading himself as
chairman,  Uwusan Community Development Association in Ikpoba Okha local
government area of  Edo state.
Delivering the judgment in Suit No: B58/OS/16, the Presiding Judge, Justice  P.
A Akhihiero, held that the defendant’s  assertions that the Enogie (District
Head) ordered  his continued stay in office was “clearly alter article 7 of the
community’s constitution.



Justice Akhihiero further said: “Since it has been decided that the Defendant’s
tenure of office has expired, I uphold the submissions of the learned Counsel
for the claimants that a perpetual injunction should be issued to restrain the
Defendant.”
“On the whole, this action succeeds; and I hereby order a declaration that the
defendant cannot insist on remaining in office as the chairman of Uwusan
Community Development Association contrary to the express provisions of the
Constitution of the Association which stipulates a 4-year term, with maximum of
two year.”

The judgment was sequel to a suit instituted against the defendant by PA
Augustine Ogbomo (Community Head), Mr. Johnbull   Effionayi and eight others.
The claimants  in the suit No: B58/OS/16  they filed through their lawyer, Dr.
Osagie Obayuwana had informed the court that the defendant has undeniably been
in office as chairman of Uwusan CDA since 2005 and has refused to vacate the
office.
Obayuwana said: “in order to remain in office perpetually, the defendant has
prevented the holding of election by resorting to violence and intrigues to the
injury and detriment of law abiding members of the community.”
He, therefore, submitted that the defendant cannot ignore or flagrantly
disregard Article 7 of the association’s   constitution.
On his part, counsel to the defendant, Peter Uwadiae, argued that “since
registration is the legal window through which an association can breathe the
air of recognition, the CDA in Uwusan community received legal recognition in
2008.


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