Court Stops Enugu Govt’s Panel On Ugwuaji Land Dispute

An Enugu High Court, Tuesday, restrained the panel of inquiry instituted by the Enugu State government to investigate the land dispute in Ugwuaji community of Enugu South Local Government Area from carrying out its assignment. The respondents are the six members of the panel, the state governor and the state commissioner for justice.

The presiding judge, Justice Cyprian Aja, gave the ruling in a motion ex parte in Suit No. E/464M/2020. The suit was instituted by Paul Anike and Chinenye Maduekwe on behalf of themselves and the people of Ogui Nike and Umunevo Ogui Nike community.

The judge, in his ruling, ordered the respondents to stay actions pertaining to the ownership and/or boundaries of the disputed land between Ogui Nike community and Ugwuaji community. He also granted an order of substituted service of the originating summons and other processes on the first to sixth respondents by pasting the same at the front door of the entrance of the venue of their sitting at Abuja Building, Government House, Enugu. It further granted an order for substituted service of the originating process on the state governor through the office of the attorney general of the state.

The matter was adjourned to Oct. 12 for hearing in the motion on notice.

The applicants, via their counsel, A.C. Anaenugwu, SAN, had approached the court challenging the institution of the panel by the state government. According to the counsel, the motion was brought pursuant to Order 40, Rule 3(1) and (2) of the High Court (Civil Procedure) Rules 2006, Section 72 of the Administrative Law, Cap. 6 Revised Law of Enugu State.

THE WHISTLER reports that the secretary to the Enugu State government, Prof Simon Ortuanya, had on Sept. 3 inaugurated the panel of inquiry to look into the matter. The members are James Ikeyi, Godwin Ugwoke, Prof Daniel Nwachukwu, Godwin Ishiwu, Chudi Ozokolo and Robinson Odo (the secretary).

The applicants based their stance on the fact that the issues pertaining to the terms of reference of the panel were already being handled by the court.