An Onitsha high court presided over by Hon. Justice D.A. Onyefulu has ordered a retrial by another Magistrate court of a five count charges preferred against an Onitsha-based businessman, chief Nwabueze Umeh, aka Ofiafulugo na Okija, for grievously wounding and assaulting a lawyer Barr. Ndubuisi Okwuchukwu. Barr Okwuchukwu is also based in Onitsha, accompanied by court bailiffs as a pointer to serve Chief Nwabueze Umeh in his office. a judgment he and his lawyer obtained against Chief Nwabueze Umeh for refusing to pay him his professional fees for legal services he rendered to him.
The matter which first came up at Onitsha Magistrate court 2 under Chief Magistrate Mrs. U.B. Okoye of Onitsha magisterial district was struck out on the ground of lack of jurisdiction on 25th June 2024 last year.
The lawyer, Barr. Ndubuisi Okwuchukwu, not satisfied with this judgment, appealed to the judgment before his lordship Hon Justice D.A Onyefulu, who, after hearing the submission of both parties ruled in favour of Barr. Ndubuisi Okwuchukwu.
In his ruling, the learned trial judge while allowing the appeal held that the entire proceedings at the Magistrate court the subject of the appeal was a nullity and of no effect as there was no valid arraignment thereof.
He further berated the Magistrate for striking out the charges in a manner not permitted by law.
According to the judge, “This type of proceedings relied upon by the Magistrate must be deprecated by all discerning members of the legal profession.
The judge said that he will allow the appeal. He set aside the ruling of the Magistrate court and ordered an immediate arraignment, plea and retrial of Chief Nwabueze Umeh by a different Magistrate court within Onitsha Magisterial district for fresh hearing of the case.
