Justice K. A Orjiako of an Owerri High Court has declared as illegal the purported sealing of the Empire Mega Super Filling Owerri via an unsigned court order as fraudulent .
This is even as the Company has slammed one hundred Billion Naira suit against Dr Phillip Njamanze for damages over the illegal sealing of Empire Mega super Filling station Owerri in November, 2019.
Delivering judgment in suit NO:HOW/9191/2013 , the presiding- Judge categorically stated that the purported execution of the judgment delivered by Hon. Justice N.B. Ukoha (rtd) in this action on November 28th 2019 and carried out at the applicants Empire Energy Petrol Filling/Gas Station located at Plot PF 5/6 Naze Residential Layout Owerri Imo State on 5/8/2020 be and is hereby set aside for being unconstitutional, unlawful, null and void.
Justice Orjiako declared the purported sealing of Empire Mega Station last year a fraud; as the court order issued by a retired Judge was unsigned by anyone for- the judge noted in the available transcripts that ‘for the fact that the documents of execution were not signed by any Judge, they were not issued in accordance with the law.
He maintained that court order of execution served on the Applicants (Empire Energy owners of Empire Mega Super Filling Station Owerri) were unlawfully issued which makes them null and void.
Meanwhile, Empire Energy Ltd has slammed a Hundred Billion Naira suit against Dr. Philip Njamanze as damages for the fraudulent, wrongful, unlawful and unconstitutional invasion of and shutting down of the plaintiff’s business premises – Empire Super Mega Filling Station, Owerri on August 5th 2020.
The Head of Corporate Communications, Mr. Emmanuel Okoronta who disclosed this said that company has taken the legal action against Dr Njamanze for the illegal action which resulted in huge loss of revenue by the company.
He pointed out that, “Strangely enough before the purported sealing; Empire Energy Station in Owerri
was never mentioned in any lawsuit and was never party to the lawsuit in which
Njamanze got his ‘order’. Indeed it has been noted that the Dr. Njamanze watched the facility which now employs over 700 Imolites in different capacities being constructed on the site for over 3years and never raised any objections until his fraudulent action.
Equally bizarre according to court documents was the demeanor and cavalier attitude of ‘Counsel Mrs I.I. Amadi Esq, DDCL, who was from Ministry of Justice representing the government as a defendant in the suit,
who did not file any process but informed the court that they were “comfortable with the [fraudulent]
judgment and execution” to use her language.’
As the lawyer for Ministry of Lands, Survey and Urban Planning she was expected to put up a defense for the government, which made some observers think she either had a conflict of interest, or was too compromised to stand her ground as it was her department that issued the said C of O under review.
Finally Dr. Njamanze’s gambit was misconceived. His execution was a grotesque and an outrageous fraud which the judge disparaged in the clearest terms when he stated ‘I will at this stage condemn in the strongest words the conduct of the
depraved registry official who perpetrated this ignoble act. It is indeed worrisome that such a fraudulent act can be practiced without regards to consequences.”