Law News
PCTC refers petition against Ojo magistrate to Judiciary Service Commission

The Public Complaint and Training Committee, PCTC, of the Lagos State Judiciary, has referred the petition against Magistrate Tesillimi Shomade of the Chief Magistrate’s Court, Ojo, Lagos State, by one Mr Bamanga Adamu, a retired Customs Officer to the Lagos State Judiciary Service Commission.

PCTC’s Secretary, Mrs O.A. Okunuga in a letter to Mr Adamu, dated July 14, 2016, titled Re: Petition Against Magistrate T.O. Shomade for Acts of Corruption and Pervasion of Justice, said “At a meeting of PCTC held on July 1, 2016, it was decided that the petition in respect of the above subject be referred to the Lagos State Judiciary Service Commission for further investigation.”

It will be recalled that Magistrate Shomade had denied allegations of corruption and pervasion of justice, made against him by one Adamu.

Shomade in his reply to a query by the Deputy Chief Registrar, over the petition against him by Adamu, had said that all the allegations in the petition of Mr Adamu dated February 25, 2015 were not true.

He had said, “Suit No. MCA/1910/2013 was assigned to Magistrate Court, Ojo, by the Chief Magistrate (Admin) at Apapa. The proof of service is in the court’s file. The proof of service is an affidavit dated August 26, 2013 of Oloruntimilehin Owoseni, Sheriff of Chief Magistrate Court Apapa who made an oath that on August 24, 2013 at 6:35a.m., at 201 Road, A Close Block 4, Flat 3, Festac Twon, he personally served the defendant the writ of summons.

“According to the Sheriff, the defendant was pointed out to him by the plaintiff representative.”

He pointed out that the court did not grant the plaintiff’s counsel application for trial upon sighting the proof of service but granted the defendant another chance by ordering the plaintiff Attorney to file and serve the defendant his written statement on oaths in accordance with Section 27 (1) (2) Lagos State Tenancy Law 2011.

Shomade noted that sufficient time was granted to the defendant to appear in court but he refused to come to court on the trial date, December 17, 2013. “The court went a little further in granting another opportunity to the defendant by adjourning for cross-examination and defece till January 21, 2014.

“Judgment was read on February 13, 2014,” the magistrate stated, adding that he did not know that the matter came up before an Apapa Magistrate Court.

Magistrate Shomade explained that with the defence not in court and after refusing to appear in court to defend the case, the plaintiff’s counsel asked the court to adjourn for judgment, which the court granted.

The magistrate also said he was not aware that a court had heard the matter before it was assigned to him.

Adamu, in petition had accused the magistrate of delivering a default judgment despite knowing that a judgment had already been obtained from the Apapa Chief Magistrate Court.

The petitioner explained that “At the time I bought the property, there was a sitting tenant, one Dr. F.C. Oluigbo, whom I took to court and obtained judgement to evict him at Chief Magistrate Court 1, Apapa, presided over by Magistrate Odugbesan, who is now retired. Magistrate Shomade purportedly granted an order for substituted service by pasting on the property in which my brother was living with his children and wife.

“There was no evidence on the record, except the highly questionable affidavit, that the order was complied with. There were no photographs evidencing the said pasting, which pasting was never done. Yet, he went ahead and granted judgement and ordered for its execution.”

Culled from Vanguardngr