Human rights lawyer and activist, Barr. Inibehe Effiong, has threatened to sue the Akwa Ibom State government over an alleged attempt to grab the property of his clients.
The state government had, in a Newspaper publication in June 2021, announced via Akwa Ibom State notice no:002/2021, a revocation of the right of occupancy in land No:1—169, block ‘G’ of government residential estate (extract), Anua Offot/Eniong Offot/Use Offor/Ifa Ikot Okpon, Etoi, Uyo Local Government Area with a survey plan no: AK/U 175.
The publication also stated that the “revocation” was for “public purposes absolutely and particularly for rationalisation.”
But in a letter addressed to the state government on behalf of his clients; Kufre Akpan, Itoro Essang, Henry Ambros Ekpenyong, Aniebiet Henry Ambros, and Aniebiet Effiong Robert, who are bonafide owners of the land, Effiong described the publication as legally “untenable”.
According to him neither the state nor the Federal Government by law has the right to forcefully take over a piece of land belonging to any citizen without payment of compensation.
He added that the attempt to “grab plots of land belonging to our clients in the guise of revocation for “public purposes and rationalisation” is a slap on the face of the Nigerian Constitution” adding that his clients have never been notified.
He, therefore, demanded that the state government should confirm in writing, within 7 days of receiving his letter, that it will not encroach on any land belonging to the clients whatsoever, adding that he would not hesitate to institute legal action if the state government failed to so.
The letter reads in part, “Our clients are bewildered by the purported revocation which in essence, declares audaciously, the government’s intention to grab plots of land belonging to our clients and other citizens and rationalize (allocate) them to some political cronies and ‘Senior government officials’ as alluded to by Governor Udom Emmanuel on March 1, 2022, while flagging-off the development of the said Emily Haven Residential Estate.
“We are by this letter notifying the Akwa Ibom State Government, that the publication in the Pioneer Newspaper is legally untenable.
“Our clients entirely reject the contents of the publication and are not willing to cede an inch of their lawfully acquired plots to anyone for numerous reasons, including the following that ‘The government has neither paid compensation to our clients nor initiated any credible and verifiable process for payment of compensation’.
“We are impelled to draw your attention to Section 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which makes payment of compensation a condition precedent to compulsory acquisition of land by the government.
“The illegal attempt to grab plots of land belonging to our clients in the guise of revocation for ‘public purposes and rationalisation’ is a slap on the face of the Nigerian Constitution.
“By law, the federal and state government have no power to forcefully take over, revoke, appropriate or acquire land belonging to private citizens for the purpose of rationalisation or reallocation to other citizens. Such action is brazenly illegal, reckless, immoral, and unconstitutional
“Take notice that we shall institute legal proceedings against the state government if we do not receive your confirmation as demanded.”
The Current PDP Governorship Candidate; Pastor Umo Eno was the Commissioner in charge of the Lands ministry when the Government laid claims to the said land.
