An Anambra State Magistrate Court sitting in Amawbia, Awka South Local Government Area, has adjourned a criminal defamation case instituted against activist and Convener of the Recover Nigeria Project, Comrade Osita Obi, to January 28, 2027, for hearing.
The suit, marked MAW/345C/2025, between the Commissioner of Police and Osita Obi, arose from allegations that the activist published defamatory statements against the Catholic Diocese of Awka on his Facebook pages, “Osita Obi” and “Igbo History.”
The charge alleged that Obi compared the diocese to Boko Haram and stated that dealing with Lucifer was preferable to dealing with the diocese. The prosecution maintained that the statements were knowingly made to damage the reputation of the diocese and Rev. Fr. Chudy Aguinam, who instituted the complaint on its behalf.
At the resumed hearing on Thursday, October 15, 2026, counsel to the diocese, Mr. J.A. Obiajulu, informed the court that he had obtained a fiat to take over the prosecution from police counsel, Mr. A.G. Obi.
He requested an adjournment to enable him to obtain relevant documents from the police, study the case file and prepare for the prosecution.
Defence counsel, Mr. Martins Obi, did not oppose the application but argued that the fiat had been obtained more than seven months earlier, which he said was sufficient time to retrieve the necessary documents.
He also told the court that he had filed a Notice to Produce in November 2025, requesting documents relating to the outcome of police investigations, but had yet to receive them.
Citing Section 36(6)(b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, the defence counsel stressed the right of an accused person to adequate time and facilities to prepare a defence.
After hearing both parties, the presiding magistrate, Her Worship E.C. Chukwu, adjourned the case to January 28, 2027, to allow the parties to obtain the necessary documents and prepare for the hearing.
Angel Network News (ANN) reports that in a related development, the same court adjourned a separate suit challenging an earlier judgment involving the Catholic Diocese of Awka and tenants represented by Osita Obi to November 26, 2026, for further hearing.
The matter, marked MAW/1075/2025, is between Mr. Chidi Osakwe and six others and the Catholic Diocese of Awka and another defendant.
Through their counsel, Mr. Martins Obi, the plaintiffs are asking the court to set aside an earlier judgment which they allege was obtained fraudulently.
Addressing the court, Martins Obi argued that the plaintiffs were described as unknown persons in the earlier proceedings, despite claims that the diocese knew their identities.
He alleged that the judgment was obtained without the proper service of court processes on the affected tenants and that its execution resulted in their belongings being thrown outside in the rain.
According to the lawyer, the plaintiffs only became aware of the earlier proceedings when steps were taken to enforce the judgment. He maintained that their application was intended to challenge the procedure through which the judgment was obtained, rather than determine ownership of the property.
Citing Section 6(6)(a) and (b) of the 1999 Constitution, alongside common law principles and judicial precedents, he argued that courts possess inherent powers to set aside judgments established to be nullities or obtained through fraud.
However, counsel to the defendants, J.A. Obiajulu, informed the court that he had filed a preliminary objection challenging its jurisdiction to entertain the suit.
Relying on Section 272(1) of the Constitution, he argued that the matter concerned property ownership and land title, issues he said fell within the jurisdiction of a State High Court.
In response, Martins Obi acknowledged that a magistrate court lacked jurisdiction to determine land ownership but maintained that the present suit concerned the alleged fraudulent procurement and execution of an earlier judgment. He further argued that magistrate courts had jurisdiction over recovery-of-premises and landlord-and-tenant matters.
After listening to the arguments, Magistrate Chukwu adjourned the case to November 26, 2026, for further hearing.
Osita Obi Accuses Diocese of Unlawful Eviction
Speaking to journalists after the proceedings, Osita Obi alleged that his wife, following her retirement, rented a shop in Awka to operate a business but that agents of the Catholic Diocese of Awka broke into the premises and threw her goods outside in the rain.
He claimed that those who executed the judgment said they had obtained a court order against the woman without serving her the processes that led to the judgment.
Obi accused the diocese of publicly humiliating his wife and portraying her as a criminal, adding that he would pursue the matter to its logical conclusion.
