A Lagos-based businessman, Chima Nsudum has petitioned the National Judicial Council (NJC), urging it to investigate Justice, D. E. Osiagor of a Federal High Court sitting in Umuahia, Abia State, over his alleged bias in a case before him.
Nsudum, in his petition, a copy of which was obtained by our correspondent, wants the NJC to probe the alleged poor handling of a winding-up proceeding of a private limited liability company, Davebenlin Nigeria Limited.
The petitioner claimed that on December 4, 2019, the judge received a notice of appeal, and an application for stay of proceedings pending the appeal, forcing him to adjourn the main suit indefinitely.
“However in spite of the order for adjournment granted by the judge, in the suit number: FHC/UM /PET/02 2018 between Chima Nsudum and Davebenlin Nigeria Limited, he later fixed a new date for hearing of the matter without the conclusion of the appeal.”
According to him, the judge listed the case for hearing on July 23rd this year, in the said suit, a motion filed by Davebenlin Nigeria Limited on July 20th, seeking to confiscate the brand name ‘KMCA’ of a Sandpaper owned by his company, Panadave Investments Limited anywhere it was found in Nigeria on the allegation that they were newly imported in contravention of the judge’s injunctive order.
The petitioner claimed that Panadeve Investments Limited, is not a party in the suit. Nsudum further claimed that, “During the proceedings on the 23rd of July 2020, in the face of a Motion on Notice by the petitioner’s counsel, seeking an adjournment of the motion for stay of proceedings, in deference firstly to the court’s own ruling; secondly,to the motion for stay of proceedings pending at the Court of Appeal and thirdly, to the record which had been entered, Justice Osiagor still insisted on hearing Davebenlin’s motion.
“The judge was however, forced to adjourn the matter to October 13, 2020, because the time had not run out for the petitioner to file counter-affidavits to the motion’’.