• Supreme Court’s judgment ignored as Ebonyi communities renew skirmishes
From Uchenna Inya, Abakaliki
It has been killings, maiming, abductions and destruction in Umuobor, Akaeze, and Ogwor, Ishiagu, both in Ivo Local Government Area of Ebonyi State, for four months now, forcing Governor Francis Nwifuru to summon the warring communities with a view to ending the crisis.
The two neighbouring communities have been at war for over five decades over a vast fertile land known as Elueke.
There were attempts to end the crisis, which hit the rocks as both parties continued to lay claim to the land. The matter shifted to various courts in the country, High Court, Appeal Court and Supreme Court.
On 25th March, 1974, a high court presided by Justice E.O. Araka, delivered judgment in favour of Umuobor community. The court ruled that the Elueke land belongs to the Umuobor people and awarded N200 damages against Ogwor people.
“On the whole, I am not satisfied that the plaintiffs have discharged the onus of proving that they are the owners of the ‘Elueke’ land. Judgment will, therefore, be entered in favour of the defendants.
“The plaintiffs’ claim for declaration of title, trespass and injunction over the ‘Elueke’ land as shown in plan No. 00/4/71 and marked Exhibit ‘A’ is hereby dismissed with cost to assess in favour of the defendants at N200.00,” the judgment obtained by Daily Sun ruled.
The nation’s apex court affirmed the judgment when the matter was taken to it and awarded cost of N500 against the Ogwor people who were the respondents.
In the judgement, which was also obtained by Daily Sun, the Supreme Court, presided by Justice A.G. Karibi-Whyte, ruled that “applicants have failed to prove their case on the evidence.”
“It has shown that issue was joined with respect to the Elueke land, whether it is described as ‘Elueke Umuobor’ or ‘Okwe Umuobor’, plaintiffs did not adduce any evidence of their title to the land.
“The court was, therefore, right to decline to make a declaration of title in favour of the plaintiff in respect of any of the portions of the land in issue.
“I affirm the decision of the Court of Appeal. Applicants shall pay costs assessed at N500 to the respondents.”
The judgment of the Supreme Court on the disputed land was delivered on 26th September, 1991.
The nation’s apex court’s judgement, however, did not end the land tussle, which prompted leaders of Ogwor community to sign an undertaking before a Commissioner of Police in Abia State on 24th March, 1996, when Ebonyi was under Abia State.
The undertaking, which was titled, “Complying with court order,” obtained by Daily Sun, was signed by Chief Chukwu Nkah, Patrick Aja, Damian Okorie, Andrew Chukwu, Fredrick Chukwu, Aja Nwafor, Gabriel Unoke, John Nwachukwu, Thomas Aja and James Ogba.
“With reference to the order of the Magistrate’s Court, Ohaozara, on 19th March, 1996, in which the leaders from Ogwor Ishiagu signed a bond to be of good behaviour, and to inform Ogwor people to refrain from entering Elueke land, which belongs to Umuobor village, as ruled by the Supreme Court, the persons who signed this had this to say:
“That on the 24th of March, 1996, a general meeting of all male and female adults in Ogwor village was summoned. The bond signed by the representatives of Ogwor community was read and interpreted to the understanding of all the assembled persons. In the meeting were some members of the community who came from Aba on invitation.
“During the meeting, every person was warned to refrain from entering this land, which belongs to Umuobor, Akaeze, as ruled by the Supreme Court.”
After all these, the land tussle continued and even worsened. The war took a more dangerous dimension with killings of members of both communities and even road users plying the ever-busy Akaeze/Ishiagu expressway that links the warring communities.
Between August and December last year, more than 15 lives were lost in the land tussle.
Recently, about six persons were killed while over 10 others went missing. Some decomposing bodied were later recovered in the conflict, which turned guerilla war.
Nwifuru waded into the crisis last week and declared the disputed land a buffer zone and summoned stakeholders of the warring communities.
A statement signed by Secretary to the State Government, Professor Grace Umezuruike, said: “The governor of Ebonyi State, Francis Ogbonna Nwifuru, has observed with serious concern the lingering crisis between the people of Umuobor-Akaeze and Ogwor-Ishiagu in Ivo LGA over a piece of land.
“Consequently, the governor has declared the disputed land a buffer zone and directed both parties to steer clear of the disputed land as anybody found in the land would be made to face the wrath of the law.
“The governor also directs security agencies to beef up security to ensure full compliance with this directive and maintain law and order in the area.
“The governor further invites 20 stakeholders from each of the communities to a crucial meeting on Monday next week”.
At the security meeting, Nwifuru warned that the state government would take over the disputed land, if the parties fail to reconcile within the next two weeks.
The governor urged them to sheathe their swords and embrace peace, even as he declared that the disputed Elueke land remained a buffer zone.
He said: “I called for this meeting to reconcile the aggrieved brothers of Akaeze and Ishiagu communities in Ivo Local Government Area. Peace is all about give and take. We are all here to make sacrifices and submit to the will of the people. What the people want is peace, law and order and that is the mandate they gave me.
“It is very shameful that the people of Umuobor and Ogwor have allowed wars to tear them apart. Ordinarily, you should not have allowed third parties to come in between your problems.
“You may not know the meaning of the peace you enjoy until you lose it. That is when you will know the meaning of absence of peace”.
The governor constituted a committee to visit the boundary and work out modalities for peaceful resolution of the crisis. The committee comprises two village heads, one youth leader from each of the communities, five elders each, the council chairman, two development centre coordinators, executive council members from the council as well as security agencies.
Chairman of the local government area, Emmanuel Aja, said the judgment of Supreme Court on the land tussle will not resolve the crisis. He noted that some communities, apart from Umuobor and Ogwor, are also in the Elueke land and that there was need to critically look at the map of the land in dispute with a view to accommodating other communities that are also in the Elueke land.
“When you look at the map of the land in question, you will see that other communities are involved. You cannot implement the judgment of the Supreme Court because other communities are involved in the map they used and got that judgment.
“If you do it, another community that falls into the land, will rise up tomorrow to also struggle for the land. Our community has looked at the issue critically, looked at the map and everything critically and saw the need for peace to reign. Our youths, our elders should stand for the truth.
“The best thing to do in this case is, take this one and take this one and peace will permanently return and I believe that peace has returned with the intervention of His Excellency,” he said.
The state government had urged the warring communities to cease fire and embrace peace. Commissioner for Border Peace and Conflict Resolution in the state, Donatus Ilang, made this call during a fact-finding trip to the disputed zone in order to authenticate the submissions made to the ministry by both parties on the land.
He condemned the destruction of lives and properties in the protracted war, accusing the communities of taking the law into their hands, which attracts capital punishment on culprits found wanting.