By ONYEKACHUKWU MELUWA, Warri
There was a mild drama on the 18th July 2018 as Officers of the Nigeria Police Force in Warri allegedly attacked a Court Bailiff of the High Court of Justice Warri as they defied an order of the chairman and members of the Delta State Family Court of the Warri Judicial Division High Court presided over by Her Lordship Hon. Justice T.O. Uloho (Mrs).
In a Certified True Copy,CTC of Enrolment of Order, the Court made available, the Court in four separate Applications in Suit Numbers:
W/1/FC/18, W/2/FC/18, W/3/FC/18 and W/4/FC/18 respectively ordered that,”The Bailiff of
the High Court of Justice Warri serve the substantive Application and every other Application/Process of the four different Applications on the Area Commander ,Area Command’s Office,Nigeria Police Force,Warri ,who shall cause the substantive Application/Process and every other Application/Process in the four separate Suit on the Commissioner of Police,Delta State and this shall be deemed as good and proper service on the Commissioner of Police,Delta State.
According to the Court,”The bailiff of this court is hereby Ordered to serve the 1st Defendant in this suit by serving the 1st Defendant the substantive Application /Process and every other process in this Suit on the Area Commander ,Area Command’s Office,Nigeria Police Force Warri ,who shall cause the substantive Application/Process and every other processes on the 1st Defendant and this shall be deemed as good and proper service on the 1st Defendant”.
It was gathered that in n an attempt to effect service on 18/7/18 on the Area Commander, the O/C Legal and another Police Lawyer attached to the Legal Department of the Area Commander’s Office yelled at the bailiff and the pointer who is also one of the Plaintiff in the four cases, Mr. Ighorhiohwunu Aghogho ,a child right activist saying “You think the commissioner of Police do give us money for transportation and what kind of a Judge will make such an Order. Go and tell the Judge we have read the Order and we cannot accept it unless the court will fuel our vehicle to Asaba to serve the Commissioner of Police or will this man (referring to the said Plaintiff) pay for our transportation? Take…take your Order, the O/C legal yelled?
The Court Bailiff resolved to depose to an affidavit of non-service for the four separate suits before the next adjourned date of the case.
Information available on the four separate Motion Exparte filed and the Certified True Copy,CTC of the Enrolment of Order revealed that the chairman and members of the Delta State Family Court of the Warri Judicial Division High Court led by His Lordship Hon. Justice T.O. Uloho(Mrs) relied on Sections 1,2 , 273 and Order 4,7,10 of the Child Right Act (Enforcement Procedure Rule ) 2015 and the supporting Affidavit of the Applicants in granting the four separate applications to serve the Delta State Commissioner of Police through the office of the Area Commander due to the urgency of the case and as a proof of considering the interest of Delta State Children as primary consideration by the court.
However, it was clear that there is no section of both the Child Right Act 2003,Delta State Child Right Law 2008 or the Child Right Act(enforcement procedure )Rule 2015 urging the court to give to the Police transport fair in protecting children in Delta State.
It would be recalled that the Chief Judge of Delta State, Justice Marshall Mukoro on April 3rd 2018 reconstituted the Delta State Family Court with exclusive jurisdiction to handle civil and criminal cases both at the High Court and Nagisterial level involving children in Delta State after an open outcry to the Chief Justice of Nigeria by Mr. Ighorhiohwunu Aghogho on the deplorable condition of Delta State Children.