From Jude Chinedu, Enugu
An Enugu State High Court has ordered both the government and Umuchigbo Iji Nike Community in Enugu East Local Government Area to maintain status quo over an alleged forceful takeover of Equity Layout, Phase III, by the state government.
Justice Paul Ugwueze, who presided over the vacation court, gave the ruling yesterday.
The court ordered the state government and the community to refrain from entering into the said land, pending the hearing and determination of the motion on notice.
In the Suit No. E/712/2022, between Chief John Agbo-Anike and six others (suing as indigenes of Umuchigbo Iji Nike Community, Enugu East Local Government Area) and the government of Enugu State, Attorney General of Enugu State and the Commissioner, Ministry of Lands and Urban Development, the plaintiffs sought for the court to grant their motion on notice for interlocutory injunction.
But, the vacation court did not grant the plaintiff’s motion because of the length of time the matter would take before the expiration of vacation period.
The judge pointed out that he would not be able to deliver a ruling before the expiration of the vacation, and, therefore, advised that the parties move to the regular court to argue their motion for interlocutory injunction.
The plaintiffs, through their counsel, Barr Onyema Nwokeiwu, however, applied to the court to order that status quo ante bellum be maintained, pending the hearing for motion for interlocutory injunction.
Entertaining arguments from counsels to both parties, Justice Ugwueze delivered his judgement, making an order that all parties in the suit should maintain the status quo ante bellum, pending the hearing and determination of the motion on notice for interlocutory injunction.
The suit, Daily Sun learned, is challenging the purported acquisition of a large parcel of land belonging to Umuchigbo Iji Nike community, Enugu East local government area of Enugu State, which the government had claimed to have compulsorily acquired some time in 2020.
The people of the community filed the suit on the grounds that they were not properly consulted, in line with the extant provisions of the law in respect to the acquisition, and that none of them received any compensation for their land.
The community also said that though the Constitution and the Land Use Law of Enugu State permits the governor to acquire any land within Enugu State for overriding public interest, the government did not follow the due procedure to acquire their land.
The matter was adjourned till 20 September, 2022.