Property Dispute: Ondo Family Seeks Transfer Of Delta High Court Case, Alleges Bias Against Trial Judge

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The Omodunni family of Ugbo-Nla in Ilaje Local Government Area of Ondo State has formally requested the transfer of a long-running property dispute from the court of a Delta State High Court judge, alleging bias, intimidation and conduct capable of undermining confidence in the judicial process.

The request, contained in a petition addressed to the Chief Judge of Delta State, Justice Theresa T. Obiajulu Ogochukwu, was received by the Chief Judge’s office on June 22, 2026.

The petition seeks the transfer of Suit No. EHC/194/2024: Mr. Olabode Tony Omodun v. Mrs. Mosunmola Omodun-Arobo & Others, currently before Justice Roli Diabo Harriman of the Delta State High Court.

The dispute centres on ownership of a property located at No. 14 Enikogho Street, Ugborikoko, Uvwie Local Government Area of Delta State.

The family, through its representatives, Mrs. Abooluwa Famakinwa and Mr. Beniah Jibowu Omodun, and represented in the matter by defence counsel, S.O. Bobi and Ejiro Etaghene, argued that several rulings and developments in the proceedings had created a reasonable apprehension that they may not receive a fair and impartial hearing.

According to the petition, members of the family had previously approached the Chief Judge through their solicitor, Daniel Ogungbemi, requesting that the matter be reassigned to another judge over similar allegations.

The petitioners further stated that despite the pendency of an appeal challenging some of the court’s decisions and their earlier request for reassignment, proceedings continued before the same court, prompting them to escalate the matter to the National Judicial Council (NJC).

The family said the NJC, in a response dated May 12, 2026, advised them to seek appropriate administrative intervention from the office of the Chief Judge.

In the petition dated May 29, 2026, the family alleged that the handling of the matter had generated “serious fear and apprehension” among the defendants and other family members.

“The request became necessary owing to the unfortunate circumstances and developments surrounding the handling of the matter before the said court, which have created serious fear regarding the possibility of obtaining fair and impartial treatment,” the petition stated.

The petition also accused the court of subjecting members of the family to intimidation during proceedings.

It cited an incident of May 13, 2025, during which the fifth defendant was allegedly docked while the first defendant, described as an elderly woman, was reportedly threatened with arrest before eventually being discharged after pleading before the court.

The family further alleged that on April 15, 2026, one of its members, Mr. Taiwo Omodunni, who was not a party to the suit but appeared in court to seek an amicable settlement, was allegedly handcuffed, detained within the court premises and later taken to the Effurun Divisional Police Headquarters, Ekpan.

According to the petition, he was only released after signing an undertaking to produce the defendants at the next adjourned sitting.

The petitioners also questioned orders allegedly made by the court on May 15, 2025, including restraining the defendants from accessing the disputed property within a five-metre radius, directing the deposit of ₦20 million into the court’s account within 48 hours, and authorising the sale of the property by the court’s bailiff.

The family argued that those orders are already the subject of an appeal before the Court of Appeal and that an application for stay of execution and proceedings remains pending.

They maintained that the cumulative effect of the developments had eroded their confidence in the neutrality of the trial court and heightened tension within the family.

The petition urged the Chief Judge to reassign the matter to another court of coordinate jurisdiction in the interest of justice, fairness, public confidence and the safety of the parties.

Describing the dispute as essentially a family matter, the petitioners said emotions had become heightened and claimed members of the family now attend court proceedings in fear.

They added that their request was made with full respect for the judiciary and was not intended to scandalise the court or undermine judicial authority.

As of the time of filing this report, neither the office of the Chief Judge nor Justice Roli Diabo Harriman had publicly responded to the allegations contained in the petition.

The allegations also remain untested in court.

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