By Chimaobi Nwaiwu

NNEWI — The Federal High Court sitting in Awka, Anambra State, has adjourned to June 26, 2025, the hearing of the fundamental rights suit filed by Lake Petroleum Limited against the Anambra State Government and the Chairman of Onitsha South Local Government Area, Mr. Emeka Orji.

The adjournment came after the presiding judge announced her immediate transfer and the unavailability of the case file, making it impossible for her to deliver a ruling on a pending application for joinder filed by individuals claiming to represent the Ogboo family of Onitsha.

The case, registered as Suit No. FHC/Awka/CS/75/2024, stems from the demolition of shops and residential buildings allegedly owned by Lake Petroleum Limited in the Ndende area of Onitsha by the Onitsha South Local Government under Mr. Orji. Following the demolition, Lake Petroleum secured an interim injunction from the court restraining further actions on the disputed land.

During the court session on Monday, the presiding judge informed the parties of her transfer and said she could not rule on the joinder application as the case file had not been officially handed over to her replacement.

“I have been transferred with immediate effect and can no longer preside over this matter. I will leave the ruling on the joinder application to the next judge who will take over the case,” she said, before adjourning the matter to June 26, 2025.

The case has faced multiple delays since its inception in March 2024, following the transfer of previous judges — Justice N. O. Dimgba and Justice Yiwa Joseph — who had both presided over earlier proceedings.

A new twist emerged at Monday’s hearing when a different counsel, Mr. Ifeanya Ezekwelu, appeared in court claiming to represent the authentic Ogboo family, led by the current Diokpa (traditional head), Omode Nnaemeka Nzekwu. Ezekwelu challenged the legitimacy of the initial applicants seeking joinder, describing them as meddlesome interlopers without authority from the family leadership.

According to Ezekwelu, “Only the Diokpa of the Ogboo family or sub-Diokpas can authorize representation of the family in legal matters. Anyone acting without such authority cannot claim to represent the family in court.”

He emphasized that part of the disputed property lies along Niger Street in Onitsha, which is allegedly under the customary ownership of the Ogboo family, and thus, only duly authorized family leaders can speak on behalf of the family in the matter.

Following the conflicting claims, the judge reiterated that her decision to step down from the case was appropriate, urging the parties to present their arguments before the incoming judge.

Counsel to Lake Petroleum Limited, Mr. Izuchukwu Nwalieji, who appeared for G. E. Ezeuko (SAN), expressed satisfaction with the court proceedings. He dismissed the relevance of the joinder application, arguing that the suit is a fundamental rights case—not a dispute over land ownership.

“The applicants seeking joinder have no legal standing,” Nwalieji said. “They are not the ones who infringed on our client’s fundamental rights. This case is not about land title or ownership. It is about the unlawful demolition of our client’s properties, and only the actual parties responsible for that action should be in court.”

The case is expected to resume on June 26, 2025, when a new judge will take over proceedings and decide on the contentious joinder application.