Court adjourns N500m human trafficking suit again to Oct. 31

defence counsel files affidavit of fact

Daily Sun
From Nwabueze Okonkwo, Onitsha

An Ogidi high court in Anambra State, presided over by Justice Chinwe Amechi on Thursday, adjourned further hearing to Tuesday, October 31, this year in a N500 million human trafficking suit filed against a United States of America (USA) based human right activist, Mr. Bonaventure N. Ezekwenna, by Mr. Anthony Ezeonu of Awuda village, Nnobi, in the Idemili South Local Government area of the state.

Ezeonu, the plaintiff had dragged Ezekwenna, defendant and others to the court claiming a total sum of N500 million, out of which N498 million is for general damages and another N2 million as solicitor's professional fee for libel and for falsely accusing him of running a human trafficking business from Nigeria to the United States of America and for accusing him of trying to assassinate him.

In his statement of claims, Ezeonu told the court that through the allegation, he has been portrayed as a criminal, a serial killer or murderer who should be shunned by all reasonable persons; that he is an international human trafficker; that he has a phony and dubious character and, therefore, an untrustworthy person and that he is unfit to hold a public office.

When the case came up for hearing on May 8, the Defence Counsel, Titus Eze filed an 11-paragraph affidavit of facts stating that the matter came up for hearing on May 20, 2005 but could not go on by reason of a letter for adjournment written by the plaintiff counsel, Andy Uzuagu for adjournment that hw was before the Court of Appeal, Benin City, Edo State in suit No. C/67/2000 involving Chief E.O. Ezeghalike versus L.C. Odenmigie.

Eze recalled that consequent upon this application for adjournment, the court reluctantly adjourned the matter to May, a year long period.

The defence counsel pointed out that after the adjournment, the defendant was amazed by the boast of the plaintiff that he and his lawyer would continue to drag the defendant forward and backward through various tricks and pranks like this frivolous letters of adjournments.

He disclosed that the defendant was jolted by this boast, having spent so much money on transport, accommodation and other sundry expenses to come and attend to this matter all the way from New York, USA.

He further disclosed that consequent upon this, the defendant instructed him to go to court of Appeal, Benin City to conduct a search in respect of the plaintiff's counsel claim that he was before the Appeal Court Benin on that May 20, 2005.

He averred that to his greatest amazement and to his chagrin, on his visit to the Appeal Court, no such case came up before the court on May 20, 2005, adding that at the Appeal Court, he was informed by the court registrar or clerk, one Mr. Okeke, which he verily believed, that the suit No. C/67/2000, Chief Ezegbalike versus Odenmigie is a lower court suit number and not Appeal Court suit.

Attaching exhibits A1, A2 and A3 which were revenue collector's receipt of the Court of Appeal, Benin, the certified true copies of the list of cases and counsel for the court of Appeal, Benin City on May 20, 2005, whereby the name of the counsel to the plaintiff and the case cited in his letter was conspicuously missing, the defence counsel further informed the court that this act has confirmed the boast of the plaintiff and his counsel to waste the time and money of the defendant and indeed any act of disrespect to this honourable court.

According to Eze, "those facts are brought to this court for record purposes and proper sanction in the circumstance of this case and I depose to this affidavit in good faith".

However, Justice Amechi admitted the affidavit into evidence and the case went on briefly before it was adjourned to June 12, 13, July 4, 10, 11, 17, 18 and 20.

On June 12, 13, July 4, the matter could not go on because of the death of Justice Okey Ernest-Egbuna, the administrative judge of Idemili judicial division, but on July10, the first prosecution witness (PW1), Mr. Bartholomew Anyichie testified in favour of the plaintiff, saying that he was aware of the libelous letter written by the defendant that the plaintiff is a human trafficker.

One July 11, the second prosecution witness (PW2) who incidentally is the plaintiff himself, testified briefly before the court adjourned the case to the next dates which were July  17, 18 and 20, but on those dates, the judge complained of ill-health and adjourned the matter to October 31, for further hearing.

Speaking to newsmen shortly after the adjournment, the defendant, Ezekwenna,  regretted that his  trip from USA to Nigeria was not all that fruitful because the case could not be given accelerated hearing as scheduled when it was adjourned to June 12, 13, July4, 10,11, 17, 18 and 20.

He however expressed sympathy about the ill-health of the judge and expressed the hope that the case would be heard in the next adjournment date.