Hendrix Oliomogbe
A Benin, Edo State High Court presided over by Justice Mary Itsueli has set aside the judgement of a magistrate court in a case involving the forging of a Will by one Barr. (Mrs.) Mercy Sheidun and ordered that the case be retried expeditiously at an Oredo Magisterial district before a Chief Magistrate Special Grade.
In suit No. MOR/389C/2013 between the Commissioner of Police and Mrs. Sheidun, the quartet of Maxel Abiodun Yaya, Dr.(Barr.) Samuel Idehen Urhoghide, Mrs. Sheidun and Jonah Sojah were on September 16, 2022 discharged and acquitted by His Worship F.E.N Igbinosa of Magistrate's Warrant Court 8, Benin over allegations of forging the Will of Sir Kolawole Sheidun.
Dissatisfied with Chief Magistrate Special Grade Igbinosa's verdict, counsel to the applicant, appealed to the Benin High Court, alleging that he was denied access to the record of the proceedings, some parts of which were doctored, incomplete and inaccurate.
In her judgement on November 5, 2024, Justice Itsueli held that having filed a formal application, challenging the correctness of the proceedings.
The trial judge noted in the case, the trial court overruled the complaint's applicant application for stay of processings to ensure that the records of proceedings were accurate and complete, adding that this was in spite of having filed a formal application challenging the correctness of the records and stating that some parts of the records were doctored, incomplete and inaccurate.
Justice Itsueli held that the complaint in her view complied with the requirements of the law, having made efforts and sought the help of the court to get the required records of proceedings to file his written address.
She emphasized that the court breached the complaint's right to fair hearing, an action which amounted to a miscarriage of justice.by going ahead to deliver the judgement.
The trial judge continued: "A court is not allowed to deliberate on an incomplete record. Without seeing the material that was before the trial court, the appellant will not be in a position to reach a conclusion on the issue brought before it. A decision reached in such circumstances affecting the rights of a parties would lead to a miscarriage of justice.
"It's quite sad that this case which ought to have been tried summarily took eight years at the trial magistrate court. The irregularity in the procedure at the trial court is so glaring.
"The case has a chequered history, that notwithstanding,the conduct of proceedings was irregular coupled with the missing records of proceedings."
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