Enugu Lawyer Threatens To Drag State Govt To Court Over Alleged Usurpation Of Functions Of FHC On Oye Orba Market
Enugu - based lawyer has accused the state Commissioner for Trade, Investment and Industry, Ogbu Nwobodo of allegedly usurping the functions of the Federal High Court, by dissolving the elected leadership of the Orba Modern Market Traders Association, OMMATA.
... Says state Commissioner Nwobodo Usurping Federal High Court Powers By Dissolving Leadership Of Oye Orba Market
Enugu - based lawyer has accused the state Commissioner for Trade, Investment and Industry, Ogbu Nwobodo of allegedly usurping the functions of the Federal High Court, by dissolving the elected leadership of the Orba Modern Market Traders Association, OMMATA.
Lawyer Maduabuchi Josiah Eze, said that Nwobodo dissolved OMMATA, which was registered at the Corporate Affairs Commission, CAC, as a private company under the Company And Allied Matters Act, CAMA 2020, contrary to provisions of the relevant laws, adding that under CAMA 2020, "No commissioner or government body or agency has powers to dissolve or meddle into the dispute of a private association."
The Enugu State Government had through Commissioner Nwobodo dissolved the OMMATA leadership and appointed a care- taker committee to superintend over the affairs of the market in spite of a state High Court order.
Eze's words, "The Enugu State Government has no powers to dissolve an elected leadership of OMMATA. You cannot dissolve what you did not constitute.
"The only body that can remove, dissolve or meddle into a private association is the Federal High Court.
"The authority that has power to dissolve an incorporated company under CAMA 202O, or remove OMMATA or the Incorporated Trustees is the Federal High Court, FHC. It's only the members of the association that can apply to the court for it to be dissolved.
"Orba Market is owned by a company, registered under CAMA 2020, and it's only the members that can apply to the FHC to have it dissolved.
"Section 850 of CAMA 2020, says that a petition for dissolution of a registered company, incorporated Trustees can only be dissolved by the FHC, if a petition is brought by any of the following persons: Members of Trustees and they must have 50 percent of the membership. "Trustees or the CAC can also dissolve the company but no government functionary was given such powers or listed, hence the Enugu State government or its commissioner or agents cannot dissolve the leadership of OMMATA.
"What Ogbu Nwobodo has done is false assumption of authority of the Federal High Court, an offence that is criminal in nature. or under the Criminal Code Laws of Enugu State, Sections 131 and 134(a) and (b) Cap 30, Vol 2, Revised Laws of Enugu State. This is abuse of office or false assumption of office and they are criminal offences respectively.
"Section 23(1) of the Administrative Law of Enugu State states that "Any person or authority vested with Executive Powers shall act strictly within the limits of such powers.
"Also, Section 23(2) of same law states that, "Any action taken by persons or authority outside the limits of such powers Conferred upon him or in violation of any constituted provision shall be null and void, citing the case of "Raymond S. Dungtoe Versus the Civil Service Commission of Plateau State (2001) Law Pavilion Electronic Law Report. Supreme Court 139/1995," where the Supreme Court stated that an administrative body cannot usurp the constitutional functions of the Court."
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...Sets Up Care -taker Committee
There is tension in Udenu Local Government Area of Enugu State, following the sacking of elected leadership of the Orba Modern Market Traders Association, in the area, by the state government, contrary to a subsisting High Court order which barred it from embarking on such illegal and unconstitutional action.
The state High Court had ruled against earlier attempts by the state government to dissolve the elected leaders of the market, describing action as not only arbitrary but illegal and unconstitutional.
The modern market was built by a private company, with a $60 million loan, about N84 billion, obtained from both the World Bank and the UNDP in 1996. The aim was to insulate the market from government's control in a bid to promote trade and self employment for traders in the market.
The loan which has now been fully repaid by the traders, was facilitated by the former Vice Chancellor of the Enugu State University of Science and Technology, ESUT and native of the area, Prof Julius Onah, who was then, a consultant to the World Bank.
The Orba Community donated five hectares of fully developed land while the Enugu State Government provided N8 million as counterpart fund.
However, the Enugu High Court, sitting at Obollo Afor and presided over by Justice Comfort Chinyere Ani, PhD, had in a judgement delivered on May 13, last year, ruled that the state government lacked either the powers or authority to sack the elected leadership of the traders, or set up a care- taker committee to administer the market and awarded N1 million against the government as damages over its illegal and unconstitutional action.
According to the Certified True Copy, CTC, of the judgement, Ben Okolo represented the Enugu State Government in the suit while Obi K.Odo, represented the Orba Amalgamated Traders Association.
Declaring the setting up of a care-taker committee as arbitrary, Justice Ani said, "In the final analysis, I hereby make the following orders: It is hereby declared that the leadership of the Orba Modern Market Amalgamated Traders Association, OMMATA, remains with the elected executives headed by the plaintiff, Brendan Ugwu, as chairman," having emerged on September 22, 2023, until the expiration of his four years tenure.
"It is declared that the defendant's," dissolution of the elected executive committee of OMMATA, "is unlawful, illegal, and unconstitutional and therefore, null and void.
"The Defendant, Enugu State Government, is hereby perpetually restrained by themselves, agents, privies or howsoever described, from interfering with or interjecting in the collection, management and control of OMMATA or howsoever, usurp the offices/ functions and rights of the plaintiffs, as the Executives of OMMATA on the guise of Care- taker Committee of the association."
However, in a statement dated June 25, 2026, by the Ministry of Trade, Investment and Industry, the state government once again, suspended the leadership of OMMATA under the leadership of Brendan Ugwu, after accusing it of unruly behaviour.
Furthermore, the letter signed by the Permanent Secretary in the ministry, Mr Ifeanyi Onah, on behalf of the Commissioner, Ogbu Nwobodo, also named Hon Edward Emeka Eze as the General Manager of OMMATA.
In a letter addressed to the OMMATA Chairman, Brendan Ugwu and dated July 1, 2026, by the General Manager, he was urged to cooperate fully with the care-taker - committee by handing over, all association's property, records and responsibilities to it.
The letter read, "I write with reference to the suspension of the Executive Committee of OMMATA, led by Brendan Ugwu, by the Ministry of Trade, Investment and Industry, Enugu State, vide reference number ENS/MTIIAMDEP/ Vol.1.04.09 dated June 25, 2026, over allegations of unlawful activities in Orie Orba International Market.
"Consequent upon the suspension and Constitution of a care-taker committee, by the Ministry, you are hereby, directed to immediately hand over all OMMATA properties, records, documents, financial books and records; account detail
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