The Onitsha High Court, presided over by Justice Sylvester Odili, has struck out a suit seeking to compel the Incorporated Trustees of the Onitsha Sports Club and its members to vacate the club’s premises.
The suit, brought by the Ekwerekwu family of the Okposieke kindred, Ogbolieke village, was dismissed because it constituted an abuse of court process.
In his judgment, Justice Odili noted that a similar suit (Suit No. O/136/2021) involving the same parties, issues, and reliefs is already pending before the court.
The judge held that since the previous action was brought in a representative capacity, the current plaintiffs—being members of the same family—are already party to the ongoing litigation.
The Ekwerekwu family had sought a declaration that the land occupied by the club was covered by expired 1910 and 1945 lease agreements, arguing that the club’s title had become redundant.
They sought an order for the defendants to vacate the land and requested a perpetual injunction against them. Counsel to the defendants, Chris Ajugwe (Esq.), had successfully argued that the new suit was redundant and lacked jurisdictional merit.
In a separate judgment regarding Suit No O/MISC/1/2026, Justice Odili ordered the police to unseal and vacate the property at No. 4 Egerton Road, GRA, Onitsha, with immediate effect.
The court awarded N200,000 in damages against the police respondents for the breach of the applicants’ fundamental rights.
The judge ruled that the police’s prolonged occupation of the premises since 14 December 2025 was unlawful. “The power to investigate crime does not grant the police a licence to take over property indefinitely,” Justice Odili stated, adding that police occupation for the purpose of maintaining law and order cannot continue ad infinitum.
