Chief Ewaoche Benjamin Obe, a former governorship candidate of the African Action Congress, AAC, in the 2023 election in Benue State, who was thrown out of his Abuja house after his wife, Mrs Christiana Owofuni Obe claimed to have used the property as collateral for a loan without the consent of the husband, has filed interpleader to recover his property.
The case involves Chief Benjamin Ewaoche Obe (Interpleader), his wife Mrs. Christiana Owofuni Obe (Respondent), and Jesryte Global Resources Ltd resumed on January 21, 2025, before Hon. Justice Ahmed Yusuf Ubangari of the Dutse Magistrate Court.
The dispute centers around the sale of their family where they both live as husband and wife with their son purportedly sold by the wife, Mrs. Obe to a company, Jesryte Global Resources Ltd, owned by her twin brother, Thomas Onoja Onuh and his wife, Funmilayo Onuh, as revealed by CAC.
Recall that the former governorship candidate of the African Action Congress, AAC, in the 2023 election in Benue State, Mr Ewaoche Benjamin Obe, was thrown out of his Abuja house on Wednesday, 25th September, 2024 after his wife allegedly used the property as collateral for a loan which she claimed was unable to pay back.
The property’s ownership has been a subject of contention, with Chief Obe claiming that he is the rightful owner and alleging fraudulent actions by his wife and her twin brother.
Chief Obe also expressed disappointment that he was not aware that his wife obtained any loan using his house documents as collateral and that he was also not aware of any court processes leading to any judgement against his house they came for execution.
It was gathered that the house located at the Sagwari Layout of Dutse, Bwari Area Council of the Federal Capital Territory, FCT, was built by the politician.
Background of the Case
Chief Obe filed an interpleader summons on October 18, 2024, asking the court to reverse its judgment, enforcement, and orders on the grounds of fraud.
He claimed he was unlawfully evicted from his house with the involvement of court officials, police, and Air Force personnel from his wife’s workplace (NAF Conference Center, Kano). He is also seeking ₦100 million in damages for psychological trauma.
Chief Obe presented documents to support his claim, including bank statements showing payments for the land and construction, as well as a power of attorney in his name.
The politician also presented before the court bank statement showing payment to the judgement creditors, Mr Thomas Onoja Onuh, his brother in-law for an electrical job done during the construction of the house by the said buyer of the same property.
He argued that he neither sold the property to his wife nor authorized its transfer.
In contrast, Thomas Onoja Onuh, in his counter-affidavit, claimed he built the house with over ₦70 million and provided evidence of a sales agreement dated March 20, 2023, between him and his sister.
However, the documents lacked bank receipts or statements confirming the financial transactions.
Mrs. Obe insisted she purchased the property from her husband for ₦3 million through a power of attorney dated May 31, 2024.
However, Chief Obe highlighted inconsistencies, noting that her power of attorney was dated after she allegedly sold the property to her brother.
The question before the presiding Magistrate is: how would one sell a completed duplex in March 20th, 2023 but she claimed to have bought the plot from her husband in May 31st, 2024? That shows the house was built and sold by her before she bought the plot itself.
Court Proceedings
The court session, which lasted nearly four hours, began with preliminary objections from counsels to Mrs. Obe (judgement debtor) and Jesryte Global Resources Ltd (judgement creditor).
They argued that the court lacked jurisdiction to overturn its judgment and that Chief Obe, as an interpleader, could not challenge the ruling since he was not a party in the original suit.
Chief Obe’s counsels, Sambo Vongjan, alongside Chief (Dr.) P. S. Edeh, countered these objections.
They argued that the judgment was obtained fraudulently and that Chief Obe had the right to challenge the process. They presented evidence of discrepancies in the respondents’ claims, including conflicting statements from Mrs. Obe and her brother regarding who built the house.
The counsels emphasized documents such as police extracts showing the unauthorized removal of property documents, bank statements evidencing payments for construction, and the inconsistencies in the sales agreements.
They argued that these pointed to a fraudulent scheme the parties used to mislead the court in the first place. Chief Obe’s Counsels prayed the court to dismiss the counter affidavit by the counsels to the judgement creditor and the judgement debtor respectively and upturn its judgement in favour of their client, Chief Obe.
Adjournment
After adopting all processes, Hon. Justice Ahmed Yusuf Ubangari adjourned the case to March 3, 2025, for the final ruling.
