TUNDE BOLAJI – MINNA
A Minna Chief Magistrate Court one under Niger State Judicial Division has ordered the execution of the warrant of arrest of the prayer leader of Mountain of Grace Miracle Church, located adjacent to Alovera Hotel, Tunga Minna, Pastor Uchenna.
The order was sequel to the refusal of the Clergyman to appear before the court holding in Minna, over direct complaints of public nuisance brought against him for hearing.
The Chief Magistrate in charge of the court, Hauwa Baba Yusuf, gave the order for his arrest shortly when the counsel to the complainants, S. D. Popoola ESQ, made the request for the warrant of arrest of the accused person, when he appeared in court on behalf of the three complainants involved in the case, between Mr Aideloje Ojo, Solomon Ntefon, Ayo Oyegbile and Pastor Godwin Elijah (AKA Elijah 1) which was mentioned for hearing by the court Thursday.
Pastor Uchenna, according to the complaints, was the second accused in the case while Pastor Godwin Elijah was the 1st accused.
The direct complaints of public nuisance brought against the two accused was contrary to section 183(1) of the penal code.
The counsel to the complainants in his reactions to the matter before the court, said that the complainants were the owners of the houses adjacent to Alovera Hotel, Kafin Tella, Tunga Minna, and have been living in their respective houses since 2001 and 2018 peacefully, sharing common fence with each other and the first accused Church was situated at a residential area.
He further stated that investigations conducted by the complainants at the Niger State Urban Development Board, revealed that no approval was given to build a Church within the vicinity.
It was further revealed that the peace and serenity hitherto enjoyed by them and other members of the public in the area was shattered by the high level of noise produced from the musical instruments used by the accused persons .
He was also alleged to be using amplified mega sound and loud speakers in its daily Church activities from Monday to Sunday, including conduct of vigils on Mondays from 10pm to 5am by the 2nd accused.
The counsel explained that the continuous and unceasing sounds blast from the accused person’s Church was not only causing public nuisances, annoyance to the complainants and other residents, but has also exposed the complainants to health hazards as the first complainant has as a result of this, developed high blood pressure, insomnia and stress due to sleeplessness and his hearing ability.
The counsel told the court that his clients held several meetings with the accused persons on the way forward but they were adamant, obstinate and uncompromising, adding that their action also compelled them to report the issue to state office of Christian Association of Nigeria CAN and the Nigeria Police and Niger State Urban Development Board for possible resolution, but all efforts made by these bodies were rebuffed by the unyielding stance of the accused persons.
Also the counsel to the accused, Barrister Eke Jeremiah, of Cosmic Chamber, Minna, however asked the court to give him time to go back and study all the alleged claims so presented and levelled against his clients, saying that he intended to intervene in the matter brought before the court with the view to find a lasting solution, adding that going on with the case in court as mentioned during the hearing of the matter was not necessary but to see that the case was settled amicably out of court.
The chief magistrate, Hauwa Baba Yusuf, after listening to both counsels however appealed to the two parties to try and apply their wisdom to agree for settlement of the case amicably within themselves, saying that anything that will led to the prevailing peace among the members of the public, especially the neighbors, should be avoided, while 26th of May, 2022 was fixed for further mention of the case.
