ECWA Bishara 1 Bukuru: Trustee's & 2 Others Drags Before Area Court Over Breach Of Trust
By: Labaran Ahmed
A Plateau State Grade 1 Area Court of Bukuru has adjourned to the 3rd Day of April, 2024 for further mentioning in a suit challenging one Rev Paul Posat , Lawson Mafiyai Registrar and Muhammed Ahmad Danla on criminal breach of trust , intimidation , conspiracy punishable with dead penalty .
The Area Court of Grade 1 Bukuru holden at Bukuru case NO: ACB/DCR/38/2024 , between Ron Properties Nigeria Limited , Samuel Kasuwa complainants and 3 others came up for mention but due to the fresh cross complain the matter was stalled .
The counsel to the 1st and 2nd defendants, Barr J.D Danboyi raised objections on the issue of jurisdiction of the court to entertain the suit but Honourable Justice Hincenth debunked that the issue bordering on validity under section 405 and the ground doesn't connect to the present case . .
According to him, the jurist, administration of criminal justice order 2 rule 1 sub (b), we are not ready to hear cross complain because in the interest of justice the Hon.Samuel Kasuwa the Ron Properties Nigeria Limited was yet to be serve by the court bailiff with the summon to appear.
He explained that Samuel Kasuwa complainant was yet to be serve with the cross defendants which is the fundamental right of fair hearing to allow him to receive service and study the counter argument written by the defendants .
Counsel to the Plaintiff ,Barr Charles Amagon representing the the first and second complainants vehemently objected to the line of argument brought by the defendants counsel Danboyi who urged the court go ahead and proceed with the hearing by taking the two applications together .
According to , Danboyi , the pre objection whether the Area Court grade 1 has the jurisdiction to entertain the matter under section 482 justice act,he said the 1&3 defendants are not ready because they're not giving opportunity to respond .
Barr.Hassan counsel to the 3rd defendant align with the presentation of the defendants counsel Danboyi under section 379 applied that the two complain and cross complain should be taken together .
Justice Hincenth delivery ruling order that the matter be adjourned to the 3rd Day of April,2024 in view of criminal justice system of f Plateau State
1. The 1%" Defendant/Cross-Complainant is a pastor of ECWA Church which operates under the registered name of Incorporated Trustees of Evangelical Church Winning All.
2. The Incorporated Trustees of Evangelical Church Winning all, the 1“ Defendant’s Principal, is the owner of the land in dispute, and has not divested its ownership interest in same to the Complainant/Defendants
to Cross-Complaint or any other person.
3. The 2™ Defendant/Cross-Complainant is an elder in ECWA Bishara 1, Bukuru owned by the Incorporated Trustees of Evangelical Church Winning All.
Danboyi allege that the 2" Defendant to Cross-Complaint has made several phone calls to the 1°‘ Defendant, threatening him and warning him to stay off the property in dispute. That the phone number with which the 2nd Defendant to cross complaint called the 1°" defendant to threaten him is 08039144776.
Barr Danboyi revealed that the 1st defendant has a call recording of the 2" Defendant to Cross-Complaint threatening him on phone and will rely on same during the trial.
9. That the 2" Defendant to Cross-Complaint has also been threatening the 3 Defendant with grievous personal injury for watching over the property in dispute for the 1st Cross-complainant and his Principal ECWA, and also stopping him from encroaching on same.
10. That the acts of the Defendants to Cross-Complaint as described above has made the Cross-Complainants very afraid of their safety, thus they have no choice but to approach this court with a cross
complaint in this case.
WHEREOF the Defendants to Cross-Complaint committed the offences of: Criminal Intimidation contrary to Section 376 and punishable under Section 377 of the Penal Code Law 2017.
