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Ndubuisi Okpala
Though very close neighbours, the people of Ukpo and Abba in Dunukofia Local Government Area of Anambra State have been locked in a bitter tussle over a parcel of land. For several years, they crossed swords and dragged themselves through various courts in the land.
They were at the Federal High Court. From there, they moved to the Court of Appeal and yet proceeded to the Supreme Court, the very apex of the judiciary. Through all these stages, the courts delivered judgement that Ukpo community was the true owner of the land in question, thereby ruling against Abba community on the February 15, 2019.
But it is worrisome that when the Ukpo people made attempts to enforce the court judgement, they were fiercely resisted as if this was a clime where impunity reigned supreme. The people of Abba chased out the court bailiff who sought to enforce the court judgement. This drew the ire of the counsel to Ukpo and he has, therefore, petitioned the Inspector-General of Police to protest the attitude of Abba people.
It should, however, be noted that, before the Supreme Court judgement, the Anambra State government had set up an administrative panel of inquiry into the Enugwu-Ukwu, Ukpo, Nawfia, Abba, Abagana, Enugu-Agidi and Ukwulu land dispute, under the leadership of Justice Chinyere Anigbogu, retired.
But with the Supreme Court judgement delivered, it is now trite law that the land belongs to the Ukpo community. Therefore, the ownership of the land by Ukpo people is automatic law, which nobody should challenge.
In line with the rule of law, the state government was expected to dissolve the committee since its terms of reference were now in conflict with the ruling of the Supreme Court or at best the aspect of its work involving the land dispute between Abba and Ukpo communities should have been removed.
But this was not done, as the committee has continued to seat and gather facts and evidence over a matter that has been adjudicated upon by the apex court of the land, a worrisome development, which calls to question the aims of the committee.
It must be pointed out that, no matter what the committee does, the right of occupancy of the said land has been given to Ukpo people.
As far as the Supreme Court is concerned, the committee’s recommendations would be null and void, since it cannot challenge the verdict of the highest court in the land. There is, therefore, need for the dissolution of the committee to remove the confusion it is now creating in the minds of the people of the area.
The general public must also be wary of the actions of the committee as its insistence on carrying on with its original assignment now amounts to gross illegality, impunity and an affront to the nation’s legal authority. It is a case of clear challenge of the authority of Supreme Court, which should not be taken lightly.
This situation brings to mind the fact that such conducts by various personalities and actors of jettisoning nor circumventing Supreme Court judgement is embarrassingly becoming more of a national affliction, which must be treated like a cancer before it consumes the entire judiciary and erodes all national values and structures.
Ideally and in sync with the practice of the rule of law that no other court should entertain any matter or similar matter, which has already be decided by the Supreme Court, that ought to be extant law.
The growing contrary reality is now eroding the authority of the apex court.
Only recently, a matter involving a leadership tussle in the Independent Petroleum Marketers Association (IPMAN), which had gone through all the court hierarchy till it got to the Supreme Court that delivered judgement in favour of Elder Chinedu Okoronkwo as the authentic national president of the association, was again taken to a Calabar High Court and a judgement, which negated the ruling of the Supreme Court, was delivered.
These incidents and growing practice of such conduct in the judiciary and indeed the larger society should be of grave concern to all Nigerians. As things stand today, the people of Ukpo are insisting on the dissolution of the administrative panel of inquiry into the land disputes.
A statement signed by the president-general of Ukpo Improvement Union, Oyiliagu Vincent, and the secretary, Mr. Paul Okeke, said that the relevance of the panel had been overtaken by the Supreme Court judgement, which declared that the land in question rightfully belonged to the Ukpo community.
According to the statement, pronouncements of the Supreme Court were sacrosanct and extant laws, which should not be undermined by parties in the suit. The statement emphasised the implications of the Supreme Court judgement of February 15 that Ukpo community now has the right of occupancy over the disputed land.
The statement frowned at the alleged manhandling of the bailiff by the opposing people of Abba community, who was to serve the enforcement order of the Supreme Court judgement.
And the leaders described the Ukpo people as a peace-loving people who have lived harmoniously with neighbouring communities for centuries and will, therefore, not encourage any breakdown of law and order.
The Ukpo leaders have also written a petition to the Inspector-General of Police, calling on him to beef up security in the area and prevent a breakdown of law and order.
What is now required by stakeholders is to ensure that the right thing is done by enforcing the Supreme Court judgement on the issue to prevent escalating tension.
Peace is very important at this point in our national life, as the people of the area and the South-East in general cannot witness another communal upheaval.
•Okpala, a public affairs analyst, writes from Enugu
