Court Reprimands Police, Dismisses Case Against Anambra market activist, Ifechi Anozie

By Alphonsus Nweze

An Anambra State Magistrate Court sitting in Okpoko, a suburb of Onitsha has dismissed case of breach of peace brought against an Anàmbra market activist, Ifechi Anozie of Onitsha Electronics market.

The Anambra State Commissioner of Police had brought charges of breach of peace among other charges against Anozie for announcing with Public Address System (PAP) at Electronics market, Onitsha that the Three -Man Administratrator of the market led by Donatus Obi, has no powers to collect any other levy except tax and development levy approved by the State Government.

The announcement came as a result of a judgement of Anambra State High Court which directed the Three-Man Administrator to limit themselves to the collection of the two levies.

Anozie had written State Ministry of Commerce, Industry and Market Development asking for confirmation of fees traders of the market would pay.

They confirmed in a letter by the Permanent Secretary,Mr. Chinedu Ike, that the Three -Man Administratrator was only limited to two levies of tax and development levy.

But when Anozie went around in the market to announce the judgment of the Court and the directive from the Ministry of Commerce, the Administratrator colluded with the Police to arrest and arraigned him at Okpoko Magistrate Court.

However, his counsel Chief Ugo Ugwunnadi, raised an objection to the jurisdiction of the Court in view of the extant order of the Court.

After hearing from the parties, the presiding Magistrate, MN Adumah, in his ruling held that there was no extant order restraining the trial court from assuming jurisdiction over the matter.

Not satisfied with the ruling, Anozie through his lawyer filed an appeal to the High Court which succeeded.

Delivering his judgment, Justice Chukwudi Okaa, sitting at Atani, said: “It is really quite strange that the lower court having agreed that there is a subsisting order of a Superior Court before him on the respondent to stay all actions pending to the case against the defendants and that the Police going ahead to file this charge seemed to him a clear disobedience of the said order.

Then in a somersault the lower court went ahead to hold that there are no specific order stopping the court from entertaining the charge”.

The Police, said the Judge, in arraigning Anozie refused to obey the Court order and therefore were in contempt of the orders of the court.

Justice Okaa said the same police flagrantly flouting an order of the Court: “have come with unclean hands supplicating before the Court for a grant of a favour that would legalise their contempt”.

He likened the Police: “to a sinner who prays before to God to assist him in the commission of his sins. Just as God will not grant such a prayer , a court of law will not grant the Police the request to disobey the order of a Superior Court. For the learned trial Magistrate to hold otherwise amount to judicial rascality “.

The Judge said it was even worse that the learned Magistrate knew the Police were in contempt of a subsisting court order and was keen to hear the matter.

The Appeal by Anozie, said Justice Okaa , therefore succeeded and the court set aside the entire procesdings of the Court in Suit No.NKP/48C/2023 of 19/10/2023 :Police Vs. Ifechi Anozie.

Accordingly, the presiding Magistrate of Okpoko, Adumah also dismissed the substantive matter.

Reacting to the judgments Anozie lauded the court for the courage to deliver the judgment, saying that the Court has shown that it is actually the last hope of the common man.

He however decried the manner in which Chief Obi and other Three-Man Administrator use the market security led by Kelechukwu as Commander to intimidate him, Ben Sola and other traders in the market, saying that the uncivilized activities of the vigilant group owned by Jideofor Nwadibia amount to contempt of Court.

Meanwhile Form 48 and 49 were said to be on their way to be served on all those who have disobeyed the order of the Court.