By Bartholomew Madukwe

MAGISTRATE Tesillimi Shomade of the Chief Magistrate’s Court, Ojo, Lagos State, has denied allegations of  corruption and pervasion of justice, made against him by one Mr Bamanga Adamu, a Customs Officer. In his reply to a query by the Deputy Chief Registrar, over the petition against him by Adamu, the Magistrate said all the allegations in the petition of Mr  Adamu dated February 25, 2015 were not true.

“Suit No. MCA/1910/2013 was assigned to Magistrate Court, Ojo, by the Chief Magistrate (Admin) at Apapa. The proof of service is in the court’s file. The proof of service is an affidavit dated August 26, 2013 of Oloruntimilehin Owoseni, Sheriff of Chief Magistrate Court Apapa who made an oath that on August 24, 2013 at 6:35a.m., at 201 Road, A Close Block 4, Flat 3, Festac, he personally served the defendant the writ of summons. According to the Sheriff, the sefendant was pointed out to him by the plaintiff representative,” Magistrate Shomade explained.

He pointed out that the court did not grant the plaintiff’s counsel application for trial upon sighting the proof of service but granted the defendant another chance by ordering the plaintiff Attorney to file and serve the defendant his written statement on oaths in accordance with Section 27 (1) (2) Lagos State Tenancy Law 2011.    Magistrate Shomade noted that sufficient time was granted to the defendant to appear in court but he refused to come to court on the trial date, December 17, 2013.

“The court went a little further in granting another opportunity to the defendant by adjourning for cross-examination and defence till January 21, 2014. Judgment was read on February 13, 2014,” the magistrate stated, adding that he did not know  that the matter came up at Apapa Magistrate Court. Magistrate Shomade further explained that with the defence not in court and after refusing to appear in court to defend the case, the Plaintiff’s counsel asked the court to adjourn for judgment, which the court granted.

The magistrate also said he was not aware a court had heard the matter before. “Ï advised them to go to the Appeal Court as there coming to my court as senior police officers is like harassing the Magistrate in the course of his duty as the defendant was granted sufficient time and adjournment to enable him come to court to defend the case,” he asserted.

The magistrate added that after the judgment had been delivered, two senior police officers came to him over same matter but that he advised them to appeal the judgment. Adamu, in his petition dated February 25, 2015 accused the magistrate of delivering a default judgment despite knowing that a judgment had already been obtained at Apapa Chief Magistrate Court.

The petitioner explained that at the the time he bought the property, one Dr. F.C. Oluigbo wasa sitting tenant. In his words: “Ät the time I bought the property, there was a sitting tenant, one Dr. F.C. Oluigbo, whom I took to court and obtained judgement to evict him at Chief Magistrate Court 1, Apapa, presided over by Magistrate Odugbesan (CM.1) who is now retired. Magistrate Shomade purportedly granted an order for substituted service by pasting in the property in which my brother was living with his children and wife.

“There was no evidence on the record, except the highly questionable affidavit, that the order was complied with. There were no photographs evidencing the said pasting, which pasting was never done. Yet, he went ahead and granted judgement and ordered for its execution.”