Osita Obi-Others vs EEDC: Court Orders Personal Service on Defendants
Court
The presiding judge of the Federal High Court, Awka 2, Justice B.M.K. Mohammed, has ruled that the court will proceed with the trial involving Comrade Osita Obi, convener of the Recover Nigeria Project, and others only after it is confirmed that all defendants have been properly served with the originating summons.
The case stems from a 2019 protest led by Comrade Obi against the Enugu Electricity Distribution Company (EEDC) over alleged poor electricity service.
The current legal proceedings aim to stop Obi and his associates from organizing further protests against the company.
At the court sitting, when the matter was called for hearing and legal appearances were announced, Mr. C.D. Okoli appeared for the EEDC, while Mr. Martin Obi represented Comrade Osita Obi.
EEDC’s counsel, Mr. Okoli, noted that the court had previously adjourned the case for hearing on Wednesday.
He also said that, so far, only Comrade Obi has been consistently present in court, while the other defendants have been absent.
Justice Mohammed expressed concern over the repeated absence of the other defendants and sought clarification on whether they had been properly served with the originating summons.
Upon reviewing the court records, he cast doubt on the validity of service, stating that the documentation did not clearly confirm proper service on all parties.
In response, EEDC’s counsel maintained that the defendants had indeed been served. However, the judge, after inspecting the case file, disagreed and held that the records did not reflect proper service.
“I cannot put any individual on trial without being certain that they were properly served,” Justice Mohammed said.
He said that beyond legal procedures, moral and common sense must also guide judicial processes.
Following this, the court ordered that all defendants be personally served with the hearing notices .
The judge further directed that the Directorate of State Services (DSS) and the Commissioner of Police, who are joined in the case, must also be served personally.
“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. Apart from the legal requirements, we must apply moral and common sense,” he reiterated.
The case has been adjourned to September 24, 2025, for the commencement of hearing, contingent upon the defendants having been served with proof of service.
