By Ndon Asian
His worship, Chief Magistrate Emmanuel Iyana has struck out the motion filed by the legal team representing Mr Edet Godwin Etim, in his suit against Pastor Umo Eno. The motion dated December 9, 2023 was filed yesterday.
Attached to the motion no M/06/2023 in suit no CR/94/22 is a four paragraph affidavit and five grounds upon which preliminary issues were based.
Their arguments centered around reasons the applicant wanted the court to discountenance the motion filed by the legal team of Pastor Umo Eno led by Barr Samuel Ikpo against the order issued by the court on December 23, 2022, and the entire proceedings.
Ikpo had on Wednesday convinced the court that it lacked the jurisdiction over the case before conducting the reported trial in the absence of his client and thereafter issuing the order. He cited several supreme Court authorities to back up his position, the alleged offence having been purportedly committed in Akwa Ibom State.
In his ruling on the matter on Wednesday January 11, 2022, the chief magistrate admitted that he was misled into issuing the order. He did not only set aside the warrant but also nullified the entire proceedings leading up to it.
While the court heard the argument of Samuel Ikpo – Counsel to Umo Eno, counsel to Mr Etim were not in court even after being served by substituted means (pasting the processes on the door and window of their Chambers). They however filed their motion yesterday.
Chief Magistrate Iyana wasted no time in striking out the motion when the matter was called. He reminded counsel representing Mr Etim of the fact that the matter was struck out for being misleading and for want of jurisdiction.
Mr Etim was represented, as listed on motion papers, by:
Chief S. T. Yenge Esq.
Gomba M. Obey Esq.
V. F. Edward-Ekpo Esq (signed)
Ahmed T. Abdurahman Esq.
U. J. Akpan Esq.
Godspower Eroga Esq.
Bright I. Uche Esq.
C. O. Ogwu Esq.