Chinedum Treasure
A Federal High Court sitting in Awka, Anambra State has adjourned to February 13, 2025, a Fundamental Right Suit, filed by Lake Petroleum Limited against the Anambra State Government and Onitsha South Local Government, over the alleged demotion of its over 1600 shops and houses.
The demolition of the shops and houses by Emeka Orji, led Onitsha South Local Government Area, led to the displacement of over 4000 sand miners and traders occupying the shops and houses.
Lake Petroleum Limited, had following the demolition approached the Federal High Court Awka in Suit No: FHC/AWK/CS/75/2024, Lake Petroleum Limited, Applicant, against Anambra State Government, the Attorney General of Anambra State, Emeka Orji who is the Chairman Caretaker Committee Onitsha South Local Government Area, Anambra State and the Inspector General of Police, Respondents, seeking it Fundamental Right to own property.
The Applicant, (Lake Petroleum Limited) subsequently obtained an Interim Injunction restraining the Respondents, themselves, agents, privies, cronies from further invasion, entering, ejection, demolition and sealing off and stationing armed thugs and policemen on the landed property known as Ndende Land, situate along Niger Street Onitsha, Onitsha South Local Government Area of Anambra State, covered by Certificate of Occupancy issued in the name of the Applicant and from further denying the Applicant, its staff and tenants access or entry into the said land to carry out their daily legitimate businesses pending the determination of the substantive Motion for enforcement of the Applicant’s fundamental right to own immovable property in Nigeria.
The case has suffered several adjournment since its inception in March 2024, following the transfer of two judges that heard it, and problem of insecurity in the state.
However when the matter was brought for mention, the Presiding Judge, who is sitting for the first time on the matter, asked the parties present in court to give her time to study the case File for proper understanding of the case.
A section of Onitsha community seeking for Joinder in the case through their lawyer M.C.Ifechukwu, asked the Court for Motion for Substituted service to the Police, and the court granted it.
Ifechukwu tried to bring in an issue of Title into the matter prompting the Judge to ask for explanation of what the case was all about.
However, Counsel to Lake Petroleum Limited, Mr Gerald J .J. Ezeuko, SAN, who appeared with A.C Arinze and Chioma Dim, told the court that “the case is about a breach of Fundamental rights to own property, possessory right, interference with right of ownership and possession.”
According Ezeuko, SAN, “There is a breach of fundamental right in respect of right to own property, it is not about Title, since we are all in Onitsha High Court since 2014 in respect the Title. As of today, and for more than ten years, we have the Certificate of Occupancy, C of O, in respect of Ndende Land, so there is a presumption that we are the bonafide owners until the contrary is proven.
“The court made an order restraining all the Defendants, particularly, the third Defendant, who is Emeka Orji, from any activity in the land known as Ndende land, but Orji is still violently in continuous disobedience and violation of the court order on the stand that the court cannot do him anything. So we ask that he be committed. They have tried to serve him, but he has been evading service, so we filed a Motion to serve him through substituted means.”
After hearing and understanding Ezeuko’s explanations about the case, the Judge asked for a short time to look at all the Motions and granted a section of Onitsha community seeking for joinder the motion for substituted service to one of the parties. None of defendants was in the court, neither were they represented by any lawyer.
On the substantive application for joinder, Ezeuko also informed the court that they have filed a counter affidavit.
The judge while addressing the parties expressed sadness that a matter of that nature should not have suffered the kind of delay she said she was seeing through the court records. She therefore, adjourned for hearing on the case to February 13, 2025, and urge all parties to prepare.
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