Court stops further demolition of Owerri central market
An Imo State High Court, sitting in Owerri, the capital of the state, has restrained the Imo State Government from further demolition of the Owerri Central Market complex, Owerri.
The presiding judge, Hon. Justice I.C Ibeawuchi, at the vacation court, had earlier given the order restraining the state government and other defendants, either through their agents or any other person acting on their behalf, from taking any further steps in the demolition of the market in whole or in part.
Justice Ibeawuchi equally restricted the state government and other defendants from ejecting the occupants of the properties.
The plaintiffs had approached the High Court with Form 48 (Order IX, Rule 13), Notice of Consequences of Disobedience to Order of Court. With this, the defendants, if they continue to flout court order risk contempt of court and are liable to be committed to prison.
Form 48 Order IX, Rule 13 stated, “Take notice that unless you obey the directions contained in the order of Hon Justice I. C. Ibeawuchi, made on 04/09/24 inter alia; an order of this honourable court that the parties are enjoined to maintain peace on the ‘Res’ by refraining from embarking on any action that will foist on the court a state of helplessness when it comes to determining the substantive suit, you will be guilty of contempt of court and will be liable to be committed to prison.”
The matter which borders on forceful demolition and ejection seeks to determine the rightful owners of the land and structures erected on the piece of land known as Central Market Layout, Owerri.
The case, marked suit number HOW/882/2024, was filed by the Incorporated Board of Trustees of Rhema Life Ministry International, Sunny Global Properties Nigeria Limited, Zero-One Global Properties Limited, Ekpereamaka Nwankwo and Nwankwo Emmanuel to challenge ownership claims to the property by the state government and Governor Hope Uzodimma.
Speaking to newsmen, the counsel to the plaintiffs, Christian Nwadigo, said the landowners are hopeful that their prayers would prevail on the next sitting as law-abiding citizens, “to stop the impunity of the state government and cohorts from land grabbing, illegal demolition and ejection of land owners across the state.”
Nwadigo called on the Imo State government to respect the court order from Form 48 being tendered at the High Court by restraining from taking further steps pending the outcome of the matter.
Nwadigo added that despite an order of court which states that “the parties are further advised to maintain the Status quo in respect of the ‘Res’ as of 24/09/2024, there are pieces of evidence of illegal constructions carried out by the first and second defendants in flagrant violation of the order of court.”
When South-East PUNCH visited the Ministry of Lands and Urban Development to get the government’s side of the story, some management staff declined to speak, saying they were not authorized to speak on the matter.
The matter was adjourned until January 23, 2025, for determination of the matter by the Justice Akobundu-led High Court.
