Who owns the land? .....as family , traditional ruler fights over land

A Lawyer and counsel to the Ndiemenu Family, Ogboko, Ozuitem in Bende Local Government Area (LGA) of Abia State, Uwadineke Kalu has accused the traditional ruler of Umuobasiukwu Autonomous community in Bende LGA of Abia State, Eze John Onuoha Akaliro -Obasiukwu II, of alleged malicious damages in his purported moves to cause breach of peace in his domain.

Specifically, the royal father was alleged to have forcibly entered into a land said to belong to Ndiemenu Family, Ogboko, and Ozuitem in Bende LGA of the State.

According to a petition addressed to the Abia State Police Commissioner, and a copy of which was made available to the monarch, the lawyer alleged that the traditional ruler attempted to use his stool to forcibly take the land belonging to Ndiemenu Family, without their consent.

The lawyer stated further in his petition that the traditional ruler allegedly directed his subjects to forcibly enter and take possession of the land. According to the counsel, "Ala –Uzo Oju, the land, rightfully belongs to Ndiemenu Family.

The Ndiemenu Family is alarmed that more than one year after this petition was written and copied to the traditional ruler to draw his attention to the breach of law which he is deliberately breaking; nothing in the positive has been done by him as a response, rather the case initially investigated has forcefully been taken away from the Abia State Police CID and transferred to Abia State Ministry of Justice." Barrister Kalu stated that he was informed by his clients that, "Emmanuel Offor, Uchokalandu Aghaigbo, and Omengbeoji Abba all of Ndibe Umuolazi Autonomous community, Ozuitem in Bende LGA,  Abia State on September 2, 2011 allegedly led Onyebuchi Reuben from Umuokorieukwu, Emenike Nlebedim from Eluokpu Ogboko, Ozuitem, Sunday Johnson from Umuokoriekwu Ogboko Ozuitem, Ebere Onyemachi from Ndi-Ogba Ozuitem, Nkechi Jonah of Ndi-uguru, Ogboko Ozuitem, Eme Enyimba from Eluokpu Ogboko, Ozuitem into my clients land known as ‘Ala Uzo Oju’ the lawyer said.

 He also said that some traditional chiefs were among those that invaded the land." "The traditional ruler is accused of deliberately using his stool as the Chairman of Abia State council of Traditional Rulers {now former} to take a land that does not belong to him which he claimed he is going to use to build a market, but this was in complete breach of the law as the matter is still pending at the Court of Appeal in Owerri.”

Before the forceful entry into the said land by Eze Akaliro and his people, a letter was sent to him by barrister Kalu drawing his attention to the fact that a case involving the land is in the Appeal Court in Owerri. He ignored this letter and still went ahead to force his entry on September 2, 2011.

"The traditional ruler’s lack of respect for the rule of law has been a subject of concern for both his subjects and the law enforcement agents. As a result of this case, the police at Umuahia served him with a paper for a criminal case now pending at Bende Magistrate Court, where he uses the Abia State Traditional Council bus to bring the other suspects, for falsely getting involved in land matter that does not concern him. "A petition has also been written against him to relevant authorities by the concerned community to remove his hand from the land but the Eze is clearly behaving as if he is above the law. His grouse with Ndiemenu Family is simply because they supported the creation of an autonomous community -Eluogo, from his domain which he is the Eze and subsequently, he swore will be over his dead body.

 "It is based on these facts that the affected family, Ndiemenu decided to bring their matter to public domain for the public to know how “JUSICE’’ is being withheld from the oppressed people of Ndi Emenu Family." Barrister Kalu while further explaining, pointed out that,

"The point is that the Ministry of Justice and the Attorney General of the State in collaboration with State Ministry of Lands & Survey, collaborated with Eze Akaliro, and this is totally wrong for a ministry that came in purporting to be a mediator in a land dispute that was in court at Uzuakoli High Court and the Appeal court in Owerri and support for the acquisition of same land because of their friendship with Eze Akaliro. A mediator should remain a mediator and not to turn around to support his friend that he is aware is a sworn enemy of Ndi Emenu Family."

On whether the state's Justice Ministry wrote a letter saying they want to acquire the land, the lawyer alleged, "It seems actually the ministry wrote the letter and it was signed by one Ekeonu Ezuma. The proper thing for the commissioner to do is to be neutral. What they did is wrong and complete injustice and he knows that justice must be got at the end of the day. A government acquires land for a public purpose through legal means for public utility and for the general good of the people.

Unfortunately this is not the case in this matter. "In acquiring any piece of land, due process must be followed. The other way such land can be acquired is if the land in question is in dispute and there is a possibility of breakdown of law and order. Even the market project was initiated by the Eze and that it was not a community based project. Purported use of the land in question was proposed by the Eze and not by the community."

The lawyer further argued that in spite of the legal battle, he had equally visited the Ministry of Justice and made a request that he and his client should be given time to organise a meeting and see how they can arrive at a compromise, with an addition that, "What is happening is unlawful, is not fair and cannot be equitable saying that if the ministry want to take any land from Ndi Emenu Family, they must give them a fair hearing."