By Okey Maduforo Awka.
The Onitsha South local government Council Fegge had dragged the State House of Assembly to Court over what it described as usurpation of the powers of the High Court in the adjudication of land matters.
According to an Originating Summons filed by the Mayor Chief Emeka Joseph Orji at the Onitsha High Court in Suit No O/150/25 , he is seeking a determination of the Court whether the State House of Assembly has the powers under Section 128 and Section 129 of the Constitution of the Federal Republic of Nigeria as amended includes the powers to adjudicate on matters pertaining ownership of landed properties.
“Let the defendants Mr Uchenna S Uzoeto No 2D Sokoto Road Onitsha and Obi Nweke Eleglede within forty – two days after service of this summons on them , inclusive of the day of such service, cause an appearance to be entered for them to this summons which is issued upon application of determining the following; ”
“Whether the powers which the 2nd Defendant claims to possess by virtue of Section 128 and Section 129 of the 1999 Constitution of the Federal Republic of Nigeria as amended includes the power to adjudicate on matters pertaining to landed properties within Anambra state ”
“Whether the 2nd Defendant’s insistance on adjuration on the issues of the ownership of landed properties ” it stated.
According to the Secretary of Onitsha South local government area Mr Paul Onuachala who spoke to reporters ;
“For the sake of clarity and to set the record straight, the said parcel of land is currently the subject of multiple litigations pending before various courts of competent jurisdiction”
“It is also under investigation by law enforcement authorities at Zone 13, Ukpo. These proceedings involve several parties, including, but not limited to, one Chief Sabest Uzoeto”
Onuachala further contended that despite the pending land matter before the Court of law , the State House of Assembly and it’s Committee on Public Petitions has taken it upon itself to interven in what is a matter for judicial resolution.
“The involvement of the Committee in what amounts to the adjudication of a land dispute raises serious legal and constitutional questions”
“Any further action by the House of Assembly in this regard could amount to subjudice, as the matter is still actively before the courts”
“The Onitsha South Local Government Council maintains that the land in question is the rightful property of the Council”
“Unfortunately, a number of individuals have exploited the long-standing neglect of the local government system in Anambra State to unlawfully encroach upon this land”
“The current state and federal administrations have committed both in word and in action to reversing this trend and restoring the integrity of the local government system”
“As a matter of fact, the Onitsha SOUTH LG has already put the recovered Council property into urgent public use by Building first ever fire service station in Onitsha ancient Kingdom at large”
“The Onitsha South Local Government Area calls on all parties involved to respect the rule of law and allow the courts to determine the rightful ownership of the land” he said.
