DILKON VS FWENJI: COURT
SETS DATE FOR RULING ON P.O.
BY UDANTE UGANTE
26TH
FEBRUARY, 2018
The case between Hon. Leonard Dilkon and Evangelist Danjuma
Goshen Fwenji came up today at the Magistrate Court Bukuru. Dilkon has dragged
Fwenji to court accusing him of enticing his wife Mrs. Joy.
When the case file was called, counsel to the defendant Chief
Smart Irabor told the court that the matter was for address and that they have
a motion before it dated 8th December, 2017 and filed on 11th
December, 2017 informing the Honourable Court that the matter which has been brought
before it to entertain an issue of enticement was submitted for adjudication
before Plateau State High Court presided over by Hon. Justice David Mang in Suit
No. PLB/J363/2014 and judgment was entered in favour of the defendant and the
matter was, res judicata. Counsel added that the complainant, dissatisfied with
the judgment of the Plateau State High Court has proceeded on appeal against
the defendant and that the appeal is currently pending before the Jos Division
of the Court of Appeal.
The defence counsel said that consequently, the current case
before the magistrate court was an abuse of court process because according to
him, all the issues relating to the enticement which is the subject matter
before the magistrate have been adequately ventilated by all parties before the
High Court of Plateau State who in turn has pronounced on all submissions by
parties. He further said that in the light of the above, the Magistrate Court
had no power to entertain the suit for lack of jurisdiction. According to
counsel, “this Honourable Court cannot confer jurisdiction on itself in a matter
that is already decided by High Court of Plateau State otherwise, this court
may be accused of delving into a matter which is res judicata”. Counsel said
that they had a written address to further help the court and applied to adopt same
as their oral argument.
Responding, counsel to complainant, Francis Okafor, Esq.
urged the court to strike the written address because according to counsel, it
was baseless, useless and a distraction to the court and the complainant who wants
justice for having his wife enticed. He said, “This case is a summary trial,
which means documentation can only be ordered by the court. In this case,
counsel to defendant went ahead to the written address without the consent of
the court which is very wrong”.
Counsel also said that res judicata is not in any way
related to criminal matter but a civil expression and has no place whatsoever in
criminal case. On the matter that was decided at the Plateau State High Court,
counsel said that the complainant in the current matter was a respondent and
not complainant as erroneously held by counsel to defence adding that the subject
matter of the case that was decided at the Plateau State High Court was a civil
matter and not criminal. Therefore, the application on the face of it according
to him, was incompetent and liable to be dismissed and urged the court to so
hold.
The court adjourned the matter to 13th March,
2018 for ruling.
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