Hon Justice Iniabasi Udobong of Akwa Ibom State High Court has slammed a two billion naira suit on the chairman of Etinan local government council, Mr Uko Umo for allegedly trespassing into his land.
This morning February 10, 2025 the court is set to rule on the interlocutory application filed by counsel to the Plaintiff Francis Ekanem Esq following Report that construction of toilet facilities is ongoing in the disputed parcel of land. The temporary injunction has twice been extended during the pendency of the motion.
Counsel representing the local government chairman, Barr Andem Ndem, in his Affidavit has strongly opposed the grant of injunction, urging the court to dismiss the motion with substantial cost.
The trespass suit and the current legal fireworks resulted from the judgement delivered last year in suit number HET/14/2019. In that suit, Justice Udobong had successfully sued the commissioner for work, Mr Ephraim Inyangeyen, the Attorney General and Commissioner for justice, and the Akwa Ibom State government.
The dispute over the parcel of land situate at the John Kirk Roundabout, Etinan began after compensation had been paid to owners of properties, and affected properties within the right of way demolished for the expansion of the Roundabout.
The two buildings on the said land were demolished after payment of compensation as agreed and acknowledged. However, a large portion of the ancestral land on which the graves of the parents of the High Court judge is located, and which was not affected by the construction remained.
Like many around the area whose properties were affected, compensation duly paid and the properties demolished, Justice Udobong had surveyed the remaining part of the land and designed a commercial structure for construction. He sought and obtained the necessary approval document from the relevant ministry and state government.
On the strength of the State Government approval after site inspection by Ministry of Lands, Environmental Impact Assessment Certificate issued, the necessary building materials were acquired and construction commenced.
Surprisingly, the then commissioner for works did not only order demolition of the structure undér construction but also personally supervised it, escorted by a large number of armed police and military men. His claims then, was that compensation was paid for the land.
After about five years in court, in a detailed judgement, the learned judge, Justice Theresa Obot decided the case in favour of the Plaintiff last year. The State government did not Appeal.
With the subsisting judgement against what the court described in the judgment as “rascality”, Etinan local government decided to construct what is described as “Plaza” on the land.
Counsel to the council chairman Andem Ndem confirmed to me that the interest of the local government was not taken into consideration when the matter was decided, having not been a party to the suit.
Barr Andem had also filed and argued the application seeking consent of court to be joined as interested party and to appeal the judgment which gave the right of ownership to Justice Udobong. Counsel to the Plaintiff opposed it. The ruling is slated for Monday February 17, 2025.
©Ndon Asian
