FG sues Anambra state govt for illegal trespass

Awka – For alleged trespassing into a 148.337 hectares portion of land acquired some years ago by the Federal Government for its Sites and Services scheme the

Anambra state government has been dragged to court by the FG.

The Federal Government slammed a N50 billion suit against the state government that claimed to have purportedly revoked the land located at Amansea,in  Awka North local government  area of the state.

The Suit No. SC 876/2015 by the Attorney-General of the Federation of Nigeria as Plaintiff and The Attorney-General of Anambra State as Defendant, the federal government sought the apex court’s declarations including N50 billion for Exemplary and Aggravated Damages over what he termed unconscionable actions of the Defendant(ANAMBRA state)

Part of the demands read thus, “A declaration that the Federal government of Nigeria had duly paid the required compensation that was assessed to the knowledge of and active collaboration with the Anambra state government.

“A declaration that the Federal government of Nigeria had duly granted Statutory Rights of Occupancy to her Allotees and Development Partners, members of the public and original land owners to the knowledge of and active collaboration with the Anambra state government. 

“A declaration that the purported revocation of the Federal Governmet of Nigeria’s Rights and Interests over the said Federal Government Sites and Services Scheme, Amansea/Awka, measuring 148.337 hectares of land, by the Anambra state government vide a public notice dated 1st September, 2014, is wrongful, unlawful, null, void and of no effect whatsoever as same is neither supported by any extant law in force in Nigeria, nor done for any justifiable reasons.

“A perpetual injunction restraining the Anambra state government whether by itself, it’s agents, servants, representatives, or privies, howsoever, from further interfering with the rights and interests of the Federal Government of Nigeria and her allottees and development partners over the said Federal Government Sites and Services Scheme, Amansea/Awka. 

 “A declaration that the purported revocation of the Federal Governmet of Nigeria’s Rights and Interests over the said Federal Government Sites and Services Scheme, Amansea/Awka, measuring 148.337 hectares of land, by the Anambra state government vide a public notice dated 1st September, 2014, is null, void and of no effect whatsoever as the plaintiff was never served the purported notice of revocation as required by the Land Use Act, 1978.

 “A declaration that the purported revocation of the Federal Governmet of Nigeria’s Rights and Interests over the said Federal Government Sites and Services Scheme, Amansea/Awka, measuring 148.337 hectares of land, by the Anambra state government vide a public notice dated 1st September, 2014, is null, void and of no effect whatsoever, since the Defendant merely purportedly assigned same Site and Services Scheme to profit-driven Private Developer, and not for public purpose howsoever. 

“Fifty billion naira only being Exemplary and Aggravated Damages suffered by the Federal Government of Nigeria by the unconscionable actions of the Defendant resulting in disruptions of the lawful activities of the Federal Government of Nigeria and her allottees and development partners over the said Federal Government Sites and Services Scheme, at Amansea/Awka, Anambra state.”

Before adjourning the matter to Feb 13,2017 for further hearing, the counsel to the FG, Chief Mike Ozekhome(SAN) sought for an interlocutory injunction against Anambra state.

The apex court’s panel headed by Hon Justice Ibrahim Tanko Muhammed before its adjournment ordered the the parties  to respect the status quo.

Dr. Onyechi Ikpeazu (SAN) led the Anambra state government’s legal team.   

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