By Mike Ilaya
The family of late Paris Ubara in Oleh, Isoko South Local Government Area, have petitioned the Honorable Chief Judge (CJ) of Delta State, accusing the Presiding Officer of the Chief Magistrate Grade 1 Ozoro, H. A. Enakpoya, Esq.” of injustice and grant of an order not sought for and without jurisdiction.”
In the petition signed on behalf of the family by Pst. Mario Ubara, Kelvin Ubara, Mrs. Victory Oroh, Mrs. Vino Marian Lawrence and Mrs. Roseline Ubara, dated August 26 addressed to the Honorable Chief Judge (CJ) of Delta State , in response to the enrolled Order in Suit No. MCZ/M/17/2025 involving one Mrs. Blessing Paris & Ors Vs Kelvin Ubara & Ors, the family described the order by the Magistrate “as over reaching and use of exceptional powers meant for urgent and compelling circumstances.”
“We are head and members of Ubara Family of Oleh who lost our son Paris Ubara wherein we prepared for his burial according to our tradition . It is sad that the judicial power vested in the Magistrate Court under the Presiding Officer, the Chief Magistrate Grade 1, H. A. Enakpoya Esq, is now using it to make order(s) not sought for and neither does he have jurisdiction in respect of matters of traditional burial, inheritance, custody of children. He even made an order exparte for Autopsy without hearing from us on notice neither was there any allegation of murder of the deceased or investigation by the Police authority “.
The petitioners averred in their statement that the 1st Applicant, Mrs. Blessing Paris, never returned to the husband’s house after the demise of her late husband until after one month before bringing the exparte motion without putting the family on notice, which shows that there is no urgency.
The family further queried: “the question is, where was she living for the period of one month before bringing the application?. Not withstanding, the Magistrate gave an order with regards to residential premises which is fully vested in the Customary Courts of Delta State”
Stating further, the family, outside condemning the Applicant’s choice of instituting the case in Courts in Isoko North instead of Courts in Isoko South Local Government Area where all parties are resident, also cited the issue of safety in prosecuting the case if allowed to proceed at Ozoro court, saying “we are also appealing to you sir, the Isoko North wherein the applicants instituted the case is not safe for us as we cannot be attending court in Ozoro Community because of the boundary dispute between the two communities. We are frontiers of AKwisi bush and Odah bush wherein 12 people have died from Oleh”
Recall that the 1st – 4th Applicants in the persons of Mrs. Blessing Paris, Miss Fulfillment Paris, Master Fountain Paris and Miss Faithfulness Paris had approached the Ozoro Magisterial District Court vide a Suit with No. MCZ/M/17/2025 seeking for an order to compelling and/or mandating the Applicants and the Respondents to conduct Deoxyribonucleic Acid (DNA)text fort with to determine the paternity of (1) Fulfilment Paris ‘F’ (2) Fountain Paris ‘M’ and (3) Fruitfulness Paris (F’) disputed by the Respondents under the supervision of the Registrar of the Court in a DNA Centre or laboratory to be financed by by the Respondents to conduct the text and to file the said DNA text result in this Honourable Court before the internment and burial ceremony of Late Blessed Paris Ubara – the Husband and father of the 1st and 2nd – 4th Applicants respectively; And for such further other orders this Honourable Court may deem necessary to make in the circumstances of this application.
In response to the motion on notice of the applicants, the respondents represented by Kelvin Ubara, Pst. Mario Gabriel Ubara, Mrs. Victory Oroh, Mrs. Vino Marian Lawrence and Mrs. Roseline Ubara filed a 30 paragraph counter affidavit in opposition to the motion on notice signed by Kelvin Ubara and filed on 25th August, 2025.
However, all efforts to reach the the 1st Applicant, Mrs. Blessing Paris, wife of the late Paris Ubara for comments proved abortive as non of her late husband’s family members seem to have her contacts and whereabout.
Further efforts to reach out to her, revealed that she was in the custody of the Delta State Investigation Department (CID) over an alleged case of human trafficking instituted against her by one Frank Agbaragu.
As at the time of going to press, it was not confirmed if the office of the Chief Judge of Delta state has reacted to the petition of the Ubaras.
Meanwhile, a ministry of justice source that wish not to be quoted how hinted that ” the Courts are on vacation now and coupled with the ongoing NBA national Conference in Enugu, nothing meaningful can come out for now”.
