OTU Vs DTSG: Court Rules In Favour Of Ogwashi-Uku Town Union

The Federal High Court in Asaba Delta State today 13/02/2024 in Suit No FHC/ASB/CS/103/2023 passed its judgement in the case of the Incorporated Trustees of the Ogwashi-Uku Town Union (O.T.U) Versus the Attorney General of Delta State and the Ministry of Women Affairs and Social Development of Delta State.

In a landmark judgment issued by the court, the court determined that the DTSG had breached O.T.U’s Fundamental Rights guaranteed by the Constitution of the country by failing to register the town union and the court also granted a Perpetual injunction against the Delta State Government from further interfering with the rights of O.T.U.

By this judgement, the Ministry of women Affairs is now obligated to register Ogwashi Town Union.

The background to the case is a follows. The trustees of the Ogwashi-Uku Town Union (O.T.U) registered their union with the Corporate Affairs Commission and obtained their certificate of registration as Ogwashi-Uku Town Union. They then applied as per the Delta State law to the Ministry of Women’s affairs for registration. In response, the Ministry of Women’s affairs refused to register O.T.U claiming that they had already registered the Ogwashi-Uku Development Union to represent Ogwashi-Uku Kingdom. The executives of the ODU who themselves are not even registered with the Corporate Affairs Commission then published a letter signed by their president general Izu Osammor and Secretary General Mr Elue Adigwe directing everyone in the community to register with them or face criminal charges. The trustees of the O.T.U proceeded to file an action against the DTSG for violating their rights of freedom of association, for seeking to restrict their union who had been validly registered under a Federal law from operating in Ogwashi-Uku and Delta State. The Federal High Court has found in favour of the O.T.U and granted the reliefs they sought.

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Our correspondent was able to reach out to the law office of Chike Onyemenam (SAN) who argued on behalf of the O.T.U, and they confirmed the details of the judgment. Our correspondent also reached the public relations officer of the O.T.U Mr Jonathan Iweanya who also confirmed the judgement. He said as follows in response to our questions “ We are grateful today to the Federal High Court who found merit in our matter. We applaud the Court for it’s decision in the case as this is a victory for every member of the Ogwashi-Uku community and indeed other communities in Delta State. It is obviously absurd to try to compel everyone to join a particular association when the constitution of the country guarantees the freedom of association. Many of us have vehemently disagreed with the direction of the ODU/ODA in Ogwashi-Uku and we do not believe we must be compelled to join with people who have not done anything to move our community in the right direction. The Ogwashi-Uku Town Union by this judgement is free to operate and will seek inclusiveness and a new direction for our Kingdom by bringing together progressive minded educated professionals who can work with our Traditional Ruler to restore the glory of our Kingdom to what it rightfully should be. We thank God for this victory. “