Two firms have dragged the Akwa-Ibom State government and three others before a Federal High Court in Uyo, the state capital, over an allegation of forceful takeover of land measuring 1,805 hectares.
The claimants in the matter, Viro-Tech Project Limited and Serob Legends Resort Limited, are praying to the court for N31 billion in damages.
The matter, pending before Justice Eme Ekong of the court, is not unconnected with allegations of encroachment, land grabbing, and forceful takeover of the massive property belonging to Serob Legends Resort Limited.
It would be recalled that in May 2024, Mrs Nsidem Etuk, who claims to be the property owner, raised the alarm, accusing the state government of forcefully taking over the property.
The said property, measuring approximately 1,805 hectares, is located at the demarcated portion of NITEL Property at Dominik Utuk Avenue, formerly known as Brooks Street, Uyo.
Recall also that the state government, led by Gov. Umo Eno, on Saturday, February 1, 2025, performed the groundbreaking for constructing a Security Command and Control Centre on the said portion of land.
The governor, during the ceremony, also announced that the property would equally accommodate three other projects, including the Akwa Ibom Broadcasting Corporation (AKBC) House, the Headquarters of the Akwa Ibom Investment Corporation (AKICORP), and the Akwa Ibom Geographical Information System (AkwaGIS) head office.
The arrangement by the state government assumes full ownership of the property, especially since the government has not paid attention to Mrs Etuk’s pleas since last year.
The defendant responded to the originating summons prepared by counsel to the claimants, Adeboro Adamson SAN, and others, dated June 24, 2024.
The matter with Suit No: HU/243/2024 has Viro-Tech Projects Limited and Serob Legends Resort Limited as Claimants, while the Governor of Akwa Ibom State, the Akwa Ibom State government, the Ministry of Lands and Water Resources, and the attorney general of Akwa Ibom State are the first to fourth defendants.
With a 52-paragraph Statement of Claim, 59-paragraph Witness Statement on Oath, and 17 lists of documents attached, the matter seeks: “A Declaration that the Claimants are the rightful owners of All that property measuring approximately 1.805 Hectares (18,504.00 sqm) situated at the Demarcated Portion of NITEL PROPERTY as contained in the Survey Plans being along Dominic Utuk Avenue, formerly known as Brooks Street, Uyo, Uyo Local Government, Akwa Ibom State, partly comprised in the Certificate of Occupancy No. 2/2/71 dated 2nd July 2001, granted by the President of the Federal Republic of Nigeria.”
The claimants seek a declaration that the Defendants do not have any legal capacity, authority, or power to forcibly enter, demolish, destroy, develop, or take over the Claimants’ parcel of land, asking the court to declare them as valid, legal, and subsisting owners of the property.
The Claimants seek a declaration that the “Defendants’ acts of forcibly entering, violently destroying, callously demolishing and warful takeover of the Claimants’ parcel of land is unlawful, illegal, and ultra vires to Section 49(1) & (2) and 50(2) of the Land Use Acts, (1978) and all other applicable laws.”
While praying the court to declare the defendants’ action unlawful, which amounts to trespass, the Claimants asked for an Order of perpetual injunction restraining the Defendants from committing any further act of trespass whatsoever and paying the sum of N1,000,000,000 only as exemplary damages.
They also urged the court to award the sum of N30,120,050,000 as specific damages against the Defendants in favour of the 2nd Claimant for willful destruction and violent demolition of structures in the property.
It could be recalled that Otunba Olusola Adekanola is a reputable property firm that served as the Federal Government’s Liquidator during the privatisation era of the Obasanjo/Abubakar administration.
NITEL was one of the federal government’s properties, sold out to a private individual in 2007.
Extracts of the “Deed of Conveyance” between NITEL TRUSTEES LTD (In Liquidation) through its Liquidator, Otunba Olusola AdekanolaSEROB LEGENDS RESORT LTD, reads thus in parts:
“The NITEL TRUSTEES LTD was in March 2005 incorporated under the Companies and Allied Matters Act (Cap 59) LFN 1990 with CAC RC No. 618331 as a legal entity for the management of NITEL Staff Pension Fund (The Fund), which was created for the benefit of NITEL Staff to cater to the pensions and gratuities of the employees.
“The Nigerian Telecommunications Plc, the parent company of the Fund, being a government-owned company and based on the privatisation policy of the federal government, acting through the Bureau of Public Enterprises (BPE), was to settle all outstanding staff benefits since it became necessary not to continue with the operation of the Fund.
“Sequel to paragraph ‘2’ of the recital above, Trustees of the Fund held an extraordinary General Meeting of the Board of Trustees wherein a special resolution was passed on the 8th Day of February 2007 to wit, winding up the NITEL TRUSTEES LTD which hitherto operates the NITEL Staff Pension Fund at the Federal High Court, pursuant to the Companies and Allied Matters Act (CAP 59) LFN 1990.
“By an order of Hon. Justice Abimbola Ogie of the Federal High Court Abuja granted on the 28th of March, 2007 and by a letter dated 12th February, 2007 from the Bureau of Public Enterprises, Otunba Olusola Adekanola was appointed as the Liquidator for the assets held by NITEL TRUSTEES LTD.
“By virtue of a Deed of Conveyance between NITEL Plc and NITEL TRUSTEES LTD, the later (NITEL TRUSTEES LTD) became the owner of all the property as demarcate portion of NITEL property along Dominic Utuk Avenue (formerly Brooks Street) Uyo local government area.
“Following the request for Expression of Interest/Submission of Bids published by the Liquidator in the National Newspaper for the sale of the said property, and after receiving bids in respect of same, the Assignee became the preferred bidder in respect of the said property, which said sale to the Assignee, the Committee of Inspectors overseeing the liquidation process has approved at its Committee of Inspection meeting at NPE Headquarters, Abuja, dated the 16th May 2007.
“The Assignor is desirous of transferring its unexpired legal and equitable rights and interest in the property to the Assignee, and the Assignee is willing to take the same subject to the terms and conditions contained herein:
“In consideration of the agreed sum paid by the Assignee to the Assignor (the receipt whereof the Assignor hereby acknowledges), and subject to obtaining requisite consent of the appropriate authority to this Deed, the Assignor hereby assigns all its rights, titles and interests in and to all that property situate as the Demarcated portion of NITEL along Dominic Utuk Avenue (formerly Brooks Street) Uyo Local Government Area, Akwa Ibom State, Measuring 8,204.127 Square Metres and more particularly described in the schedule to this Deed to the Assignee free from encumbrances….”
An “Offer of a Leasehold Interest” generated by Otunba Olusola Adekanola, dated March 15, 2016, and addressed to SEROB LEGENDS RESORT LTD, stated that the Assignee had emerged as the preferred Bidder and was fortunately chosen to take over the ownership of the property.
The four-page document reads thus in parts: “I am pleased to inform you that you have emerged the preferred Bidder of the property on ‘as is’ basis at the stipulated price therein after referred to as ‘The Consideration’.
“Within 60 days from the receipt of this Letter of Offer, the Consideration shall reach the Liquidator. In addition to the payment of the Consideration, a sum equivalent to Five per cent (5%) of the Consideration, which shall be the transaction cost referred to in Paragraph 3 above, shall be paid.”
Again, a “Letter of Authority” by Otunba Olusola Adekanola addressed to SEROB LEGENDS RESORT LTD on March 15, 2016 acknowledged the full payment for the purchase of the property and thereafter conveyed full ownership to SEROB LEGENDS RESORT LTD.
The letter reads, “Pursuant to your ‘Letter of Acceptance’ of Offer of a Leasehold Interest in NITEL MTEL PENSION FUND in Liquidation, we hereby acknowledge the payment of the purchase price of the property known as NITEL Property located at Dominic Utuk Avenue (formerly Brooks Street), Uyo Local Government Area, Akwa Ibom State, Measuring 8,204.127 Square Metres.
“Furthermore, you are hereby informed that your payment of the payment price of the said property confers on you all and full legal rights as the bonafide owner of the said property.
“This letter authorises you to legally deal with the property and take full possession of the same.”
Commenting on the legal implications of what appears to be a trespass and forceful takeover of property, a lawyer, Stephen Edem, regretted that the state government may not have been properly briefed.
He said it was unjustifiable to take over property without proper contractual correspondence, which, he said, may make the government liable for severe damage.
He said, “The pending application served by the government is asking for an injunction. From what you have said, the government has responded to the application, and ordinarily, they should have maintained status quo ante bellum and not rushed to perform a groundbreaking or even develop the property.
“It is inappropriate that the Akwa Ibom State Ministry of Justice has not properly advised the government that while the case is in Court, the government is meddling in the said property.
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