Anambra Court Adjourns Recusal Motion In Malicious Damage Case, Ruling Expected September 24

By Chuks Eke

Ogidi, Anambra State –  A Grade II Chief Magistrate Court in Ogidi, Anambra State, presided over by His Lordship O. N. Erinne, has adjourned a motion on notice seeking her recusal from a criminal case involving conspiracy and malicious damage. The decision on the motion is expected on September 24.

The motion was filed by Chief Ikenna Victor Egbuna, a Senior Advocate of Nigeria (SAN), who represents the complainants in the case. Egbuna claims Chief Magistrate Erinne has a “likelihood of bias,” citing an ex-parte order she issued in a related case that he claims unfairly benefits the defendants.

“Once a likelihood of bias is proven or established in a case pending before a court, the judge is disqualified from further participating in that case,” Egbuna stated in his motion, citing Section 36(1) of the Federal Republic of Nigeria’s Constitution.

Dr Kenechukwu Enweonwu, the case’s second complainant, stated in an affidavit that the defendants used the ex-parte order to shield themselves from the investigation and that the order ultimately contributed to the untimely death of her mother, Mrs Beatrice Ojiugo Okocha, the first complainant.

Ifeyinwa Okocha, Anthony Nwakeze, Emeka Christopher Okocha, and Emeka Okocha Jnr. (along with other suspects at large) are accused of causing damage to Dr Enweonwu and her family’s property, including their home, vehicles, and personal belongings.

The court previously granted bail to the accused in the amount of N100,000 each, pending the outcome of the trial.

The case is expected to resume on September 24, with a decision on the motion for the Chief Magistrate’s recusal.  The outcome of this decision will have a significant impact on the course of this complex criminal case.