Court strikes out interim orders obtained by Pentecostal church claiming Catholic school.
By Ononye VC
It was a shocking set-back for the combined team of Anglican and Pentecostal lawyers contesting the ownership of the Ugborimili Primary School,Housing Estate,Fegge, Onitsha,against the Catholic Archdiocese of Onitsha when an Onitsha High Court presided over by Hon Justice Sylvester Odili on Tuesday,struck out the interim orders of injunction earlier secured by the Pentecostal Group (as plaintiffs) that sued the Anambra State Government and the Catholic Archdiocese of Onitsha over ownership of the school.
This followed the application by Barr (Sir)Azubike Anazor,lead Counsel for Archdiocese of Onitsha.
Barr Anazor had urged the Court to set aside those interim orders of injunction as they were wrongly issued and obtained,for failure to serve the Catholic Archdiocese in accordance with the provisions of the law.
In his submission,Barr (Sir)Azubike Anazor said that such defective service robbed the Archdiocese her constitutionally enshrined right to fair hearing,thus invalidating the said orders.
The Plaintiffs (Pentecostal Group)led by Sir Ben Osaka,SAN with the concurrence of the Diocese on the Niger, represented by Sir Ben Uzuegbu, SAN had insisted on charging the Chancellor of the Catholic Archdiocese of Onitsha,Fr Prudentius Aroh and the Priest Manager of Ugborimili Schools,Fr Basil Okelu, for contempt of court on the strength of those invalid court orders they earlier obtained.
After much heated arguments by the lawyers, the Court delivered its Ruling and agreed with Sir Anazor on the invalidity of the injunction orders it earlier issued, and set them all aside. The Court equally struck out the Anglican Diocese from the suit because they were improperly joined on their own application when they had no business with ownership of Ugborimili Schools. The Pentecostal Group will on the next adjourned dates of May 23 and July 11& 12, 2024 come and prove to the Court how Anambra Government was wrong in returning Ugborimili Schools to the Catholic Church. Sir Ben Osaka,SAN argued for the Pentecostal Group, Sir Ben Uzuegbu,SAN represented the Diocese on the Niger, Anglican Communion, Ifeanyi Agwuncha Esq represented the Anambra State Government, while Sir Azubike Anazor defended the Catholic Church.
It will be recalled that shortly before the Court sitting,a handful of an unidentified group had staged a protest within the Ugborimili Primary School premises claiming solidarity with the Pentecostal group in an attempt to in an attempt to intimidate the defendants.
Recall also that previous suits under Fundamental Rights Enforcement Procedure instituted by thesame plaintiffs against the Catholic Archdiocese of Onitsha at the Federal High Court Awka and Onitsha High Court No 1,were dismissed with heavy costs.
In this instant case,they have changed tactics,by suing the church with Writ of Summons.In those earlier cases,C O Oguguo Esq was their counsel while Sir Azubike Anazor defended the Catholic Archdiocese of Onitsha.
