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14/11/2022

1. I do not sympathize with Sen. Ike Ekweremadu on the series of karma which have befallen him of recent. I've always considered Ike Ekweremadu a good representation of the character of Chief Nanga in Achebe's Man of the People. Such sweet-mouthed deceiver of the people.

2. (But) Legally speaking, I do not think that Justice Inyang Ekwo of the FHC was right to have granted an order of forfeiture on an ex-parte application filed and moved by Ibrahim Buba on behalf of the EFCC. The reason is simple: a forfeiture order by its nature and by the principle of natural justice ought not to be made without the other party being afforded the opportunity of being heard.

3. An ex-parte application is an application filed and heard in the absence of other party i.e. the opponent. It is usually employed to arrest very urgent situations. In the case under discussion, I am curious to know the urgency which warranted such an overreaching order of court. Perhaps, when a copy of the full ruling of the court is made available to the public, I will understand better why the order was made.

4. All the same, it serves Ike Ekweremadu right. It is my fervent desire that more of such orders should be slammed on the rest of deceivers of the people, especially those of Igbo extraction.

Legal X-Ray
Chekwube Nwa-Abugu

14/11/2022

Just as I stepped out of the courtroom today, I met a man walking toward me. His face looked familiar but for some minutes, I couldn't particularly place where I knew this man. As he stretched forward his hand to shake me, I said to him: remind me your name, sir. He laughed and said I should think again. He hinted that we met in court sometime ago yet I still couldn't place him.

Convinced that I won't recall, he re-introduced himself to me. It turned out this was a man I filed a law suit to evict from an apartment he formerly lived with his family. My client had asked all his tenants to leave because she needed to have the apartment as a family home. I had served all the tenants 6-month notice to quit at the expiration of which some of the tenants still held onto to the premises, including the man under discussion. Consequently, I filed a suit against him for the recovery of the premises for my client. Aside claiming possession of the premises, we also asked for mense profits for the period this man held over the premises.

First day in court, this man and his lawyer approached me and proposed amicable settlement. I discussed with my client and prevailed on her to dialogue with this man. The peace talk went well. Within few days, this man packed out of the premises and tendered the key to same. In return, my client agreed to waive her claim of mense profit against him. The next day in court, I simply applied to withdraw the suit and the Court granted same. The entire suit started and ended within two weeks and we only went to court twice. My client was happy to have recovered her premises without a protracted legal battle. This man was equally appreciative of my disposition to having the suit settled without any rancour.

Today, the same man I evicted from his former residence was happy to see me again and really thanked me for my role in the suit against him, particularly for saving him the stress and expenses usually associated with full blown legal suits.

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