B/649/13 Court 6 Date 21/11/2018
At exactly 0945hrs, Sir (Dr.) Alfred Eghobamien (SAN) rose up in Court and says he has a case he is interested in..B/649/13
The Case was called with the Claimant (Omoruyi Umweni) in Court and only two of the defendants (Solomon Eghobamien and the Probate Registry) present, all others have been absent since the beginning of the matter.
Under cross examination of the defendant's witness (Solomon Eghobamien) the following questions were asked by the Claimant's counsel (Ezomo G. E. Esq.);
(Q) Ezomo G E Esq: Sir you are a Legal practitioner?
(A) Solomon Eghobamien: No am no more (The court went into laughter)
(Q) Ezomo G E Esq: Your Business in this matter is strictly because you are an executor of the will and last testament of SAMUEL ENADEGHE UMWENI not a family member?
(A) Solomon Eghobamien: That's True am here as an executor not a family member.
(Q) Ezomo G E Esq: Do you know the claimant Omoruyi Umweni?
(A) Solomon Eghobamien: Yes I do
(Q) Ezomo G E Esq: You know he is the first biological son of SAMUEL ENADEGHE UMWENI?
(A) Solomon Eghobamien: Only his father can answer that question (The court went into laughter again)
(Q) Ezomo G E Esq: Are you a member of the IHIOGBE ROYAL FAMILY and Where you in the meeting of the “Selected members” of the IHIOGBE ROYAL FAMILY held to disinherit the claimant and his sister on the 27/02/2000 at the residence of Nosakhare Isekhure
(A) Solomon Eghobamien: No am not a member and I was not invited.
(Q) Ezomo G E Esq: There is a book 888 Days in Biafra written and published in 2007 by SAMUEL ENADEGHE UMWENI, do you know this said book?
(A) Solomon Eghobamien: I know the book but I have not read it.
(Q) Ezomo G E Esq: Do you have any court affidavit or newspaper advert to show a change of name by the claimant Omoruyi Umweni to IRIKEFE?
(A) Solomon Eghobamien: No I don't.
(Q) Ezomo G E Esq: There is a court judgment given in 1995…B/115/89 Samuel Enadeghe Umweni vs (5) Others dated 19/06/95 ..are you aware of this judgment by the Hon. Justice G.E. Edokpayi of blessed memory?
(A) Solomon Eghobamien: No… I am not aware
At this point Sir (Dr.) Alfred Eghobamien SAN draw the judge's attention to the fact that it was Solomon Eghobamien who handled the case as counsel to the claimant SAMUEL ENADEGHE UMWENI and won that matter B/115/89 in the Year 1995..the court was now turned into great laughter as that of a comedy show..
Ezomo G E Esq, rose and told the court he had no other questions for the witness, the trial judge then ask the witness to step down from the box.
Next date for further hearing is fixed for the 28th of January 2019
*Nosakhare Isekhurhe *Samson Uso
*Mabel Atatikolo Umweni *Enawederhu Ogbeide Ena-Umweni
We have noticed the trend in trying to delay the case the defence brings in only one witness at each hearing…as the saying goes; patient is vital ..this matter started in the year 2012, and has been transferred “through” the courts of three Hon Judges of the Benin City High Court of Justice and God is still a blessing to us.
News update..I got a call from a close relative at the first week of the month of November. this relative Mr Sunday Ailalobor, I had not seen since my father died in 2012..I asked him how he got my number and he said his daughter who was my Facebook friend gave it to him.. I was happy to talk with him and told him I would be in Benin on the 20th and love to pay him a courtesy visit..I had known him since my secondary school days at the Fgcwarri 1979/84 and also knew he was very close to my late Dad and also I would be able to gather more information on my dad from him...
I got to Benin at about 1200hrs, called him and he gave me the direction to his residence at "Eyan primary school" after Aduwawa, Benin Auchi rd, Benin-City.
On getting there at about 1400hrs… immediately we saw, emotions let loose he called out his last born “Omoye” who was very happy to receive us..(Nosa Osakue, myself and our cab driver) We were entertained the discussions started..
He lamented about the way my late father died and was buried without any burial announcement or information to the public..as a staff of EBS, he had expected that since my Dad was a past GM of EBS and ETV, the organization should have been involved in his burial arrangement..
After other family matters I brought to his notice that a document in court showing the sale of one of my father's houses shows he is a witness as he signed to the sale of the property in 1988..
New case of suspected fraud:
Mr Sunday Ailalobor said in the presence of his daughter “Omoye” and the two other visitors that accompanied me that...he is not aware of any Sale of my fathers houses known to him as igiogbe or did he ever sign any document of sale of property for my late father..lastly he said he does not even sign.. what he does is he writes out his name..Sunday Ailalobor
if this matter is investigated by the fraud unit of the Nigerian police and Sunday Ailalobor's Statement is found to be true..there is a jail term of over 10yrs because the document also bears the signature of the Governor of the state at that time..
Evidence in court:
In the joint statement of defence paragraph 6 D.O.B. 1971 puts him and the 7th defendant to be "Minors". The Constitution additionally defines full age as being 18 years and over, for the purpose of renunciation of citizenship.
“RESTRICTION ON RIGHTS OF PERSONS UNDER THE AGE OF 21” (Land Use act CAD 202 L.F.N. 1978 Part 11 No. 7 last Updated 2009 June 24)
It shall not be lawful for the Governor to grant a statutory right of occupancy or consent to the assignment or sub letting of a statutory right of occupancy to a person under the age of 21 years: Any transaction or any instrument which purports to confer on or vest in any person any interest or right over land other than in accordance with the provisions of this Act shall be null and void.
Really if 10A and 10B Isiruhe street were sold in 1988 how come these same properties were under court litigation between 10/04/1989 to 10/06/1995 in the suit; Samuel Enadeghe UMWENI Vs 5 others (B/115/89) with a quit notice caused by the plaintiff to the 5th defendant on the 10/10/88 (Exhibit B) and admitted a deed of conveyance for #10 Isehure street, Benin city (Exhibit A) p.7, The Oba’s approval and deed of conveyance obtained by the plaintiff in respect of the Igiogbe is a mere surplus measure to mark out his inheritance which is his right under the Benin customary law. That Oba’s approval and the deed therefore will not and are not set aside. (Exhibit A) p.23… Also with surveyed documents as exhibits of inherited farmlands made on 02/05/1992 (Exhibit C) p.8. Finally a judgment given in favour of the plaintiff (the testator not Mr. Ena-Umweni) Dated 10/06/1995.
Evidence of various act of possession of the testator exhibited after the date of purported sale where he dealt with the property as his own before his death abound.
Now there is a suspected case of fraud on the purported sale of houses in 1988...you can never hide the truth for long…one day we shall know the truth on how our father died too..maybe he was even poisoned who knows..since there was no Autopsy report