Calabar High Court Strikes Out Suit By Deposed APC Chieftain Seeking To Manage Marian Market Revenues

Dec 22, 2023 - 11:39
Dec 22, 2023 - 12:09
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Calabar High Court Strikes Out Suit By Deposed APC Chieftain Seeking To Manage Marian Market Revenues

By Our Reporter

A State High Court sitting in Calabar presided over by Justice I. B. Etape has struck out an application filed by the deposed  chapter Chairman of the All Progressives Congress APC in Calabar Municipality challenging his removal as the chairman of the Ika Ika Oqua Market management committee by the Calabar Municipal Government.

Ruling on the suit no HC/202/2023 filed on October 9th 2023 by Chief Emmanuel Mbora as Claimant/Respondent against the Calabar Municipal Government, Hon Ekpo Edet, Mr Etim Ekong and Ntufam Philip Agbor as Defendants/Applicant, the court cited want of jurisdiction, arguing that ruling on the matter will amount to mere academic exercise since the bone of contention revolved around master-servant relationship.

Recalled that Chief Mbora had approached the Court precisely October 9th 2023 praying the court to overturn the decision of the Calabar Municipal Government terminating his engagement as a revenue agent overseeing the popular Marian Market.


In this submission, counsel to Defendants, O
 O Uwen Esq responded with a Notice of Preliminary Objection highlighting want of jurisdiction and abuse of court processes by the Claimant.


The Presiding Judge, I.B.Etape accordingly ruled that the issue raised and argued by parties to the application in favour ofavorDefendants/Applicant and subsequently struck out the suit stating that' This action, being a disagreement emanating from master/servant relationship on the wrongful termination of employment between the Claimant and the 4th Defendant, it robs this Honourable Court of the jurisdiction to hear and determine this suit"

The Judge continued " That Suit No HC/202/2023 be and is hereby struck out for want of jurisdiction.

The court concluded" That this suit having been struck out for want of jurisdiction, ruling on the issue number 2 is a mere academic exercise"