By Tony Okafor, Awka
The Federal High Court sitting in Awka, Anambra State, and presided over by Justice Bala Khalifa-Mohammed Usman, has adjourned to May 25, 2026, for the hearing of a suit filed by the Enugu Electricity Distribution Company (EEDC) against an Anambra-based activist, Comrade Osita Obi.
EEDC had dragged Obi before the court, seeking N100 million in damages over actions allegedly linked to the activist’s protest against electricity distribution practices in the state in 2019 over epileptic power supply and sundry issues.
At the resumed hearing on Wednesday, counsel to Comrade Obi, Mr Martin Obi, informed the court that the defence had already raised a preliminary objection challenging the jurisdiction of the Federal High Court to entertain the matter, adding that the plaintiffs had filed a response to the objection.
However, the court was told that the hearing notice for the matter was not served on some of the parties, whom the defence counsel accused of failing to diligently prosecute the case.
In view of the development, the presiding judge adjourned the matter to allow all parties to argue their case, stressing that the step was necessary in the interest of fair hearing.
Speaking with our Correspondent shortly after the court session, counsel to the first defendant, Comrade Obi, maintained that the plaintiffs had no valid case against his client.
According to him, there must be a concrete cause of action before an individual can be sued in court.
He described the protest organised by the first defendant as a peaceful one recognised by the Nigerian Constitution.
“The protest being organised by the first defendant is a peaceful protest which the Constitution recognises,” he said.
Barrister Obi also argued that the Federal High Court lacked jurisdiction to hear the matter, insisting that the plaintiff, being a private company, does not fall within the category of cases the Federal court is empowered to handle.
He cited Section 251 of the 1999 Constitution (as amended), which outlines the limited but exclusive jurisdiction of the Federal High Court.
“The plaintiff is not a Federal Government agency, and the defendants are also not Federal Government agencies,” he said.
“Unlike the State High Court, which is a court of unlimited jurisdiction, the Federal High Court is a special court with limited but exclusive jurisdiction clearly specified under Section 251 of the 1999 Constitution of the Federal Republic of Nigeria.”
