The Onitsha South Local Government Area has announced plans to appeal a judgment delivered by the Federal High Court in Awka against the council.
The presiding judge, Justice B.M.K. Mohammed, delivered the judgment on Tuesday in Suit No. FHC/AWK/CS/75/2024, mandating the council to pay the sum of ₦5 million in damages to Lake Petroleum over the demolition of its property in 2024.
The Federal High Court sitting in Awka awarded ₦5 million in damages against the Chairman of Onitsha South Local Government Area of Anambra State, Emeka Orji, and other respondents in a fundamental rights enforcement suit filed by Lake Petroleum Limited.
The applicant filed the suit against the Anambra State Government, the state Attorney General, the Chairman of Onitsha South LGA, and the Inspector General of Police.
The Secretary of the Onitsha South Local Government Area, Paul Onuachalla, who spoke to reporters, stated that the property in dispute is known as Ndende Market and Ose-Nkwọ Market an old local market originally owned by the former Onitsha Local Government and later by the Onitsha South Local Government Area.
He said the council does not understand how Lake Petroleum came to lay claim to land that belongs to the government.
“We are challenging how the land was acquired, and that is the basis of our case,” he said.
According to him, the council will appeal the judgment on the grounds that Lake Petroleum sought enforcement of fundamental human rights in a matter that, in the council’s view, primarily concerns title to land.
Onuachalla explained: “The core issue in contention is the title to the land, which Lake Petroleum is asserting. We are challenging the authenticity and validity of the documents they have presented, and that forms one of the grounds of our appeal.
“We are also dissatisfied with the court’s order restraining access to the said land when, in fact, the issue of title was not substantively addressed by the court.”
He added that the council’s legal team has applied for a Certified True Copy of the judgment and that the council will soon return to court to pursue the appeal.
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