- Court refuses request to stop Catholic church…
By Ononye VC
A ploy to grab the Ugborimili Primary School,Housing Estate, Fegge,Onitsha,originally and presently belonging to the Catholic Archdiocese of Onitsha has been uncovered.
A group barely known in the history of Onitsha and indeed the old and present Anambra state by name,The Rock of Fire Global Ministries Inc and the Onitsha South Landlords Association had recently gone to the Federal High Court Awka as applicants requesting for an Exparte Order stopping the Catholic Church from ownership of the school.
In that regard,they sued the Governor of Anambra State,the Attorney General,Anambra State,the Speaker,the state Commissioner for Education Prof Kate Omenugha,the state Universal Education Board and the registered trustees of the Catholic Archdiocese of Onitsha.
However,the court presided over by the Hon Justice H.A Nganjiwa on 20th October 2021 refused the application and granting reliefs of the applicants and ordered them to put the respondents on notice so they can show why the application should not be granted.
However,in response to the applicants,counsel to the Catholic Archdiocese of Onitsha Barr Azubike Anazor described the suit as incompetent.
Part of his written address argued that, “A non jurisdic person can neither sue nor be sued for want of capacity.According to Anazor,where a non jurisdic Plaintiff Applicant is suing,the Defendant or Respondent is entitled to raise the issue as it affects the trial court’s jurisdiction”.
He cited authorities to buttress his submission against the applicants.
In a similar matter brought before the an Onitsha High Court presided over by Hon Justice Nweze,where they sought another injunction,Barr Azubike Anazor vigorously opposed the request made by the Applicant’s counsel Barr O.C Ogugua.
The Anambra State government was represented by Barr Ifeanyi Agwuncha while Barr Azubike Anazor represented the Catholic Archdiocese of Onitsha.