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Ubara Family Petitions Delta CJ over Magistrate’s “Overreaching” Order in Burial Dispute

by NewsNet Nigeria
12 months ago
in Crime, Judiciary
Ubara Family Petitions Delta CJ over Magistrate’s “Overreaching” Order in Burial Dispute
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The family of late Paris Ubara of Oleh, Isoko South Local Government Area, has petitioned the Chief Judge of Delta State, accusing the Presiding Officer of the Chief Magistrate Grade 1 Court, Ozoro, H. A. Enakpoya, Esq., of issuing an “injustice-laden order without jurisdiction.”

The petition, dated August 26, 2025, and signed on behalf of the family by Pst. Mario Ubara, Kelvin Ubara, Mrs. Victory Oroh, Mrs. Vino Marian Lawrence and Mrs. Roseline Ubara were filed in response to an enrolled order in Suit No. MCZ/M/17/2025: Mrs. Blessing Paris & Ors. Vs. Kelvin Ubara & Ors.

In the document, the family described the order as “overreaching and an abuse of exceptional powers meant for urgent and compelling circumstances.”

“We are head and members of the Ubara family of Oleh who lost our son, Paris Ubara, and prepared for his burial according to our tradition. It is sad that the judicial powers vested in the Magistrate Court are now being used to make orders not sought for, and without jurisdiction, in matters relating to traditional burial, inheritance, or custody of children,” the petition reads in part.

The family alleged that the Magistrate even granted an ex parte order for an autopsy without hearing from them, despite there being no allegation of murder or ongoing police investigation.

They further contended that the 1st Applicant, Mrs. Blessing Paris (widow of the deceased), only returned to her late husband’s home a month after his death before filing her ex parte motion, which in their view defeats any claim of urgency.

On the issue of jurisdiction, the petitioners argued that orders relating to residential premises fall under the jurisdiction of the Customary Court of Delta State, not the Magistrate Court.

The family also raised security concerns, rejecting the Ozoro venue: “The applicants chose to institute the matter in Isoko North instead of Isoko South where all parties reside. This is unsafe for us. We cannot be attending court in Ozoro due to the boundary dispute between Oleh and Ozoro communities where 12 people have died.”

Background of the Case

Court records show that the 1st–4th Applicants—Mrs. Blessing Paris, Miss Fulfilment Paris, Master Fountain Paris, and Miss Faithfulness Paris—had approached the Ozoro Magistrate Court seeking:

An order compelling both Applicants and Respondents to undergo DNA tests on the three children of the deceased—Fulfilment (F), Fountain (M), and Fruitfulness (F)—to determine their paternity;

The tests to be conducted under court supervision and financed by the Respondents;

The results are to be filed before the burial of the late Paris Ubara.

In opposition, the Respondents (Kelvin Ubara, Pst. Mario Gabriel Ubara, Mrs. Victory Oroh, Mrs. Vino Marian Lawrence and Mrs. Roseline Ubara) filed a 30-paragraph counter affidavit on August 25, 2025, signed by Kelvin Ubara.

Controversy Around the Widow

Efforts by journalists to reach Mrs. Blessing Paris for comments were unsuccessful, as her late husband’s family claimed not to have her contact details or knowledge of her whereabouts.

Further findings revealed that she was reportedly in the custody of the Delta State Criminal Investigation Department (CID) over an alleged human trafficking case filed by one Frank Agbaragu.

Awaiting CJ’s Response

As of press time, it was not confirmed whether the office of the Chief Judge of Delta State has formally responded to the Ubara family’s petition.

However, a source in the Ministry of Justice, who declined to be named, hinted that the matter may not receive immediate attention:

“The courts are on vacation now, and with the ongoing NBA National Conference in Enugu, nothing meaningful may come out for now.”

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