Power Protest: Court halts Obi’s trial pending confirmation of defenders’ summon

By Mary Obi

Justice B.M.K. Mohammed of the Federal High Court, Awka Division 2, Anambra State, has ruled that the court will not proceed with the trial of Comrade Osita Obi, convener of the Recover Nigeria Project, and others until it is confirmed that all defendants have been properly served with the originating summons.

The case arises from a 2019 protest led by Comrade Obi against the Enugu Electricity Distribution Company (EEDC), in which he and his associates accused the company of providing inadequate electricity services. The current legal proceedings seek to restrain Obi and others from organizing further demonstrations against the utility firm.

At Wednesday’s sitting, legal appearances were entered by Mr. C.D. Okoli for the EEDC and Mr. Martin Obi for Comrade Osita Obi. Mr. Okoli noted that the matter had previously been adjourned for hearing and pointed out that, to date, only Comrade Obi had consistently appeared in court, while other defendants remained absent.

Justice Mohammed raised concerns over the absence of the other defendants and questioned whether they had been duly served with the court’s originating summons. Upon examining the case file, he noted deficiencies in the documentation presented, which failed to clearly establish proper service on all the defendants.

“I cannot put any individual on trial without being certain they were properly served,” the judge said. “Beyond legal procedures, moral and common sense must also guide judicial processes.”

While Mr. Okoli insisted that service had been effected, Justice Mohammed disagreed, ruling that the court records did not adequately reflect this.

The court therefore ordered that personal service be carried out on all defendants, including the Directorate of State Services (DSS) and the Commissioner of Police, who are also named in the suit.

“This court orders that personal service be effected on all the defendants. When they appear, they will be required to confirm whether or not they were properly served,” the judge reiterated.

The matter has been adjourned to September 24, 2025, for hearing, contingent upon confirmation of proper service on all parties.