Community Accuses State Govt Of Land Grabbing, Sues Attorney General, Housing Corporation For N1Billion Over Alleged Encroachments
In the statement of claims, the plaintiffs stated that they are accountable to the authority of Ugwuaji Awkunanaw Community and Ugwuaji Awkunanaw General Assembly.
The people of Ugwuaji Awkunanaw Community in Enugu State have sued the state government through the Attorney General and Commissioner for Justice and the Enugu State Housing Development Corporation over the alleged illegal possession of land.
In the suit filed at the State High Court, with Chief Monday Igweshi, Chief Simeon Ede, Chief Christopher Ikechukwu Ugwu, Chief Joseph Ngwu, and Chief Kanayo O. Atu representing the community as the 1st to 5th Plaintiffs sought N1 billion in damages against the government illegal possession of land.
In a statement of claim, the Plaintiffs stated that they are the bona fide members and illustrious sons of Ugwuaji Awkunanaw Community of Enugu South Local Government Area of Enugu State and members of the original Land Committee Ugwuaji, also referred to as “Land Committee Ugwuaji”.
The plaintiffs in the suit filed on December 10, 2024 through their team of lawyers led by G. O. Nwokeiwu, marked E/1079/2024 stated that “the invasion of the aforementioned parcels of land respectively known as Otonozi Land, Ikiti Land, and New Jerusalem City Layout (Awana Land), all of which are situate at Ugwuaji Awkunanaw Community in Enugu South Local Government Area of Enugu State and destruction of the economic and food crops thereon by the Defendants is unlawful and constitute acts of trespass on the land”.
The plaintiffs sought among others, “an order of perpetual injunction restraining the Defendants by themselves, their agents, servants, privies, workers, successors-in-title or any person acting for or on their behalf or any person claiming title or interest through them from interfering in whatsoever manner with the parcels of land respectively known as Otonozi Land, Ikiti Land, and New Jerusalem City Layout (Awana Land), all of which are situate at Ugwuall Awkunanaw Community in Enugu South Local Government Area of Enugu State.
“An order directing the Defendants to pay the Plaintiffs the sum of N1,000,000,000.00 (One billion Naira) only, as special damages.”
In the statement of claims, the plaintiffs stated that they are accountable to the authority of Ugwuaji Awkunanaw Community and Ugwuaji Awkunanaw General Assembly.
Also, the Community now known as and called Ugwuaji Awkunanaw Community of Enugu South Local Government Area of Enugu State (“Ugwuaj” Awkunanaw Community”) was formerly known as Amechi Ugwuaji Awkunanaw Community of Enugu South Local Government Area of Enugu State.
The plaintiffs further stated that they have the authority of the leadership of the Ugwuaji Awkunanaw Community to institute the suit for themselves and on behalf of members of Ugwuaji Awkunanaw Community.
The plaintiffs averred that members of Ugwuaji Awkunanaw Community are the original owners in possession of all that parcels of land respectively known as Otonozi Land, Ikiti Land and New Jerusalem City Layout (Awana Land), all of which are situated at Ugwuaji Awkunanaw Community.
They maintained that “the aforementioned parcels of land are exclusively owned communally by the entire members of Ugwuaji Awkunanaw Community, who are represented in this suit by the plaintiffs on record.”
According to the plaintiffs, the villages that make up Ugwuaji Awkunanaw Community are Umunnugwu, Isiagu, Ndiaga and Umunnajinngene.
The plaintiffs averred that in the time past, there were several attempts by some individuals, corporate organisations and some neighbouring communities to invade and unlawfully encroach on the aforementioned parcels of land, the subject matter of this suit, but those attempts were stoutly resisted by the plaintiffs through court processes.
“In view of the aforementioned illegal invasion and encroachment, plaintiffs’ community made several newspaper publications through which members of the public were informed of the said invasions and encroachments and also warned them to desist from purchasing any parcel of land own by the plaintiffs’ community, including the land the subject matter of this suit from, unauthorised persons.
“The public were also warned in the said public notice not to enter into any transaction in respect of any parcel of land belonging to the plaintiffs’ community without the prior consent, permission and authority of the traditional rulers, town union and the Land Committee of the Plaintiffs’ Community first sought and obtained.
“It is the plaintiffs’ averment that the 1st Defendant was emboldened by the fact that it had in the time past taken unlawfully acquired several parcels of land belonging to the plaintiffs’ community without adherence to the relevant laws and used threats and coercion to silence members of the Community that dared to brace the odd and opposed their illegal act.
“The previously acquired lands and layouts by the Enugu State Government that sit on the ancestral land of plaintiffs’ community without complying with the relevant laws include: a) Large portion of Independence Layout, Phase I, Enugu; b) Independence Layout, Phase II, Enugu; c) The parcels of land wherein International Building Material Market, Enugu is located; d) Republic Layout, Enugu; e) The illegal attempt to forceful acquisition of Odudo Efi Ndafu-ine Land and Community Secondary School Ugwuaji Land which they purportedly renamed Independence Layout Phase 3.
“The plaintiffs aver that sometime in July 2024, the defendants, in collaboration with some other persons, including some political office holders who are indigenes of Ugwuaji Awkunanaw Community and their cronies purported to have forcefully and compulsorily acquired the parcels of land respectively known as Otonozi Land, Ikiti Land, and New Jerusalem City Layout (Awana Land), all of which are situate at Ugwuaji Awkunanaw Community, the subject matter of this suit, without adhering to the relevant laws of the Federal Republic of Nigeria, particularly the 1999 Constitution.”
