By Patrick Ahanor
Benin City
A Benin High Court has restrained one Charles Uyiekpen from parading himself as chairman, Uwusan Community Development Association in Ikpoba Okha local government area of Edo state.
Delivering the judgment in Suit No: B58/OS/16, the Presiding Judge, Justice P. A Akhihiero, held that the defendant’s assertions that the Enogie (District Head) ordered his continued stay in office was “clearly alter article 7 of the community’s constitution.
Justice Akhihiero further said: “Since it has been decided that the Defendant’s tenure of office has expired, I uphold the submissions of the learned Counsel for the claimants that a perpetual injunction should be issued to restrain the Defendant.”
“On the whole, this action succeeds; and I hereby order a declaration that the defendant cannot insist on remaining in office as the chairman of Uwusan Community Development Association contrary to the express provisions of the Constitution of the Association which stipulates a 4-year term, with maximum of two year.”
The judgment was sequel to a suit instituted against the defendant by PA Augustine Ogbomo (Community Head), Mr. Johnbull Effionayi and eight others.
The claimants in the suit No: B58/OS/16 they filed through their lawyer, Dr. Osagie Obayuwana had informed the court that the defendant has undeniably been in office as chairman of Uwusan CDA since 2005 and has refused to vacate the office.
Obayuwana said: “in order to remain in office perpetually, the defendant has prevented the holding of election by resorting to violence and intrigues to the injury and detriment of law abiding members of the community.”
He, therefore, submitted that the defendant cannot ignore or flagrantly disregard Article 7 of the association’s constitution.
On his part, counsel to the defendant, Peter Uwadiae, argued that “since registration is the legal window through which an association can breathe the air of recognition, the CDA in Uwusan community received legal recognition in 2008.
