By OKONKWO EZE

ONITSHA — An Onitsha high court in Anambra State has adjourned hearing to September 12 in the motion ex-parte filed against Governor Peter Obi by Chief Bonaventure Mokwe, the detained proprietor of demolished Upper Class Hotel, Onitsha.

The hotel had been demolished on Thursday, August 1, 2013, after decomposing human heads and arms were found in Room 102 of the hotel on the orders of Governor Peter Obi who also confiscated the land on which the hotel was built.

The adjournment came after counsel to the applicant, Franklyn Ibeh, informed the court that the bailiff had accordingly served a writ of summons on Governor Obi through his personal secretary.

But presiding judge, Justice Okuma, insisted that the writ of summons must be served personally on Obi or in the alternative, the applicant should file a motion for substituted service on the governor.

Mokwe had through his solicitors, brought the motion against Obi and the Attorney-General of Anambra State, pursuant to Order 40, Rules 1 (A & B), 3(1),(2) and (1) of the High Court (Civil Procedure) Rules of Anambra State, 2006 and under the inherent Jurisdiction of the court.

In the motion, the applicant is praying the court for a leave to apply for the order of prohibition against the respondents  from confiscating, destroying and further destroying his assets and property, pending the hearing and determination of the substantive suit.

The applicant is also seeking the court order that the leave so granted should act as a stay of confiscating, demolishing and further demolishing and all further actions of the respondents in connection with the compliant in the suit, pending its determination.

Speaking to newsmen at the court premises, shortly after the proceeding, lead counsel to the applicant, Franklyn Ibeh, said they would prepare a motion for substituted service and file same against Governor Obi before the next adjourned date because the bailiff had actually confirmed that he had gone on several occasions to serve Obi personally but his (Obi’s) security aides did not allow him access.

Ibeh expressed confidence that the court would eventually order the release of the hotelier as even the police had released all the hotel workers on bail, except Mokwe, his manager and receptionist.

He disclosed that the counter-motion filed before the court by the police had revealed that the human head saga was actually a set up because his enemies, who had just written a petition to the police against him on June 30, 2013, might have hired a man and a woman to book for a hotel accommodation, Room 102 of the Upper Class Hotel, where they allegedly planted the human heads and checked out very early the next day, August 1 to invited the police.

The court also adjourned another motion on notice filed by Mokwe, against Chief Superintendent James Nwafor, the Officer-in-Charge of Anambra State Special Anti-Robbery Squad (SARS); Anambra Commissioner of Police, Inspector-General of Police and Attorney-General of Anambra State to September 9, 2013 for hearing.

The adjournment came after the applicant’s counsel filed their   reaction to a counter-motion already filed and served them by the defence counsel.

In the motion on notice, the applicant, through his solicitors are seeking a declaration of the court that his arrest and detention on August 1, 2013 by the respondents and other officers over an alleged tip-off is illegal and unconstitutional.

The applicant also sought the court declaration that his continued detention in the custody without allowing him access to his counsel and relations is unlawful and unconstitutional, adding that the court should grant an order of perpetual injunction restraining the respondents, their agents, privies or any person acting on their instruction or directives from further detention, harassment and attempt on his life and properties.

He further sought an order of the court to declare that the attempt by the respondents, their agents, assigns, privies and or servants or in whatever guise they are described or called to demolish the property of the applicant situate at No. 8 Old Market Road, Onitsha, Ose-Ekwodu or any other property or properties belonging to him and his family is unlawful and unconstitutional, adding that the court should order his admission to bail.