Abia community loses bid to reclaim 39 hectares of land ‘forcefully’ acquired by govt

Abia community loses bid to reclaim 39 hectares of land ‘forcefully’ acquired by govt

By Steve Oko

A suit filed by Ngwu Uzuakoli Community in Bende Local Government Area of Abia State challenging the alleged “forceful acquisition” of their communal land by the state government, was Tuesday, dismissed by a State High Court sitting in Uzuakoli.

Trial Judge, Honourable Justice Ogbonna Adiele who dismissed the suit marked HUZ/14/2020, said it was lacking in merit.

The Court upheld the argument of the defendants – the State Government, and a private estate development firm, TRADEMORE Company – that the community could not wake up seven years after the said land was acquired and begin to claim illegal acquisition.

The court also held that Government acquired the said land near Ubani Market for public purposes, and in overriding public interest.

But Counsel to the Claimant, Pedro Madukwe, had argued that the state government “forcefully” acquired the land in 2013 without paying due compensation to the community.

He had also faulted government’s claims that the said land was purportedly acquired in the overriding public interest when government later ceded it to a private company even when compensation had not been fully made, an action he said violated the Land Use Act.

The Counsel further claimed that instead of the 39.476 hectares of land originally acquired by government, additional 206 hectares was illegally sourced by the developer, thereby encroaching into the remainder of the community land as well as lands belonging to private families.

He had equally contended that only N15 million out of the said N20 million compensation was paid leaving a balance of N5 million, adding that N3 commission was deducted at source from the N15 million.

Council to the First Defendant ( the State Government), Chief Uche Ihediwa did not appear in court but Counsel to the second defendant ( TRADEMORE), NJ Kalu, said he was ready to pay the N5 million balance of compensation if that would bring peace.

Later in an interview, Counsel to the Claimant, said the community would study the judgement and thereafter take decision on the next line of action.

He said that the Court shifted from all the arguments raised before it, and formulated issues for determination based on waiver which was only mentioned in passing by the defendants.

” Government has no right to forcefully take our community land and revoke our right of occupancy. It’s against the law to so revoke somebody’s land and give to a private person.”

He insisted that ” the law requires that government which acquired our land and not the third party / stranger should pay us.

” In effect, the court said that all the arguments we raised are correct in law but we didn’t begin to fight from 2013 when our land was taken over but we will go and study the judgement”.

Chief Enwerem Chimereze who spoke on behalf of the community expressed disappointment over the judgement, insisting that government “forcefully” acquired their land and handed over to a private company.

Meanwhile, members of the community stormed the court premises with placards with various inscriptions such as ” We want justice”, ” Abia State govt leave our land alone”, ” Abia govt should not rob the poor to pay the rich”, among others.

 

 

 

Members of the community protesting the ‘forceful’ acquisition of their land.

Steve Oko, Publisher/C.E.O, WaWa News Global. For more information on advert placement and news coverage, contact us on: 08038725600, or via email stevemanofgod2000@yahoo.com; wawanewsglobal@gmail.com Always read WaWa News Global - Your most dependable online news platform for the latest breaking news in Nigeria.

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