Land “re-certification”, “re-validation” documentation: Rights activist slams Pre-Action Notice on Soludo

A rights activist, Dr. Ifeanyichukwu Okonkwo, has slammed a Pre-Action Notice against the Governor Charles Chukwuma Soludo-led Anambra State Government over the “re-certification and revalidation of all land title documents in Anambra State (state and non-state lands)” recently introduced by the state government.

Dr. Okonkwo’s Pre-Action Notice, which was seen by Diaspora Digital Media (DDM) correspondent and dated October 22, 2024, was addressed to the Governor of Anambra State and the Secretary to the State Government.

Other recipients of the notice were the Attorney General and Commissioner for Justice of Anambra State and the Commissioner for Lands, Survey and Urban Planning of Anambra State.

The notice was entitled “Intention to institute legal proceeding, against the government of Anambra State, Public Officer/ Attorney-General & Commissioner for Justice Anambra State & Anor“.

Okonkwo cited Section 11(2)(a) & (b) of the State Proceedings Law, Revised Laws of Anambra State of Nigeria, as well as Section 5(1), 6, 8, 9, 26 and 46 of the Land Use Act of 1978, and federal land in Anambra Territory, as the basis for the legal action.

He stated: “I write/ issue pre-action notice to the Government of Anambra State; Attorney-General & Commissioner for Justice, Anambra State and Commissioner for lands, Survey & Urban Planning, Anambra State on my behalf, Dr. Ifeanyichukwu Okonkwo.”

The rights activist, also a property owner, thereby, issued legal notice to commence legal action after 90 days.

The particulars of his claims against the proposed Defendants are Declaratory Reliefs, Directing Orders, Injunctive Relief and Exemplary Damages.

Stating the reason for the intended action, Okonkow said:

“Having due regard that the Land Use Act, 1978, its pre-eminence in the administration of land in Nigeria… Mindful of the existence of federal land in Anambra territory… particularly the community reading of Sections: 5(1), 6, 8, 9, 26 and 46 of the aforementioned Land Use Act…

“Take notice that your purported “Public Notice” dated 15th October, 2024, Ref. PS/ML/2024/CR/156 authored by one Mrs. Nkeiru Mokwe Esq. Permanent Secretary for Mr. Commissioner, is in flagrant violation of a Federal Law embodied in the Constitution of the Federal Republic of Nigeria (as amended).

“That your said act, holding yourself out as purportedly altering the Land Use Act / introduction of so-called “Re-certification” and “Re-validation” of land documents, is illegal, unconstitutional, null and void ab initio. Therefore, of no legal consequence.

“Further take notice:

“Renewal and Reissuance: While the lease period covered by a Certificate of Occupancy is long (usually 99 years), it is crucial to be aware of its expiration date and requirements for “renewal” to maintain legal ownership and avoid potential disputes.

“This Pre-Action Notice is issued by Dr. Ifeanyichukwu Okonkwo, a property owner, and rights activist.”

The discernible element of the Pre-Action Notice is that in case of Governor Soludo’s failure to withdraw the offensive “re-certification and revalidation of land title documents” with apologies within the specified ninety days, he may be in for another bitter legal battle that may unsettle his government.

Of course, this is not the first time Dr. Okonkwo is dragging the Anambra State Government to court.

The activist had obtained a favourable judgment in suit no. FHC/EN/CS/90/2005 delivered on September 26, 2006 against Anambra State Government.

In the declaratory judgment, the judge ruled that failure on the part of the government to hold Local Government election constitutes a violation of the voting rights of the plaintiff.

He was, therefore, awarded damaged to the tune of ten million Naira as compensation for his violated rights.

Recently, the indefatigable activist dragged four Anambra State governments, past and present, to court.

The affected governors include Chief Dr. Christopher Ngige, Mr. Peter Gregory Obi, Chief Dr. Williams Maduabuchukwu Obiano and the current governor, Professor Chukwuma Charles Soludo.

The issue revolves around the Federation Account Allocation Committee (FAAC) funds to the 21 Local Government Councils in the state since 2003, beginning with the administration of Chief Ngige.

The suit was filed in the Federal High Court of Anambra State of Nigeria, Awka Judicial Division, holden at Awka.

It was filed on April 17, 2024, with case no. FHC/AWK/CS/90/2024, and Ifeanyichukwu Okonkwo as the Plaintiff.

The suit had been fixed for hearing on July 17 but could not proceed as the presiding judge, Justice Hauwa J. Yilwa, was transferred to another location.

The matter was adjourned till November 13 for the proper hearing.

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