The N31bn civil suit filed by Viro-Tech Projects Ltd and Serob Legends Resort Ltd, as claimants; and Akwa State Governor, Government of Akwa Ibom State, Ministry of Lands and Water Resources and Attorney General of Akwa Ibom State; as 1st to 4th defendants, over allegations of land grabbing and forceful takeover of property, resumed at High Court 8, Uyo, presided over by Justice Eme Ekong, Tuesday, 11 January, 2025.
At the said session, counsel to claimants and defendants argued their cases on the regularisation of processes.
Leading the argument for the claimants, Mr Adeboro Adamson SAN listed documents filed on the matter, informing the court that they were satisfied with all written addresses and exhibits, and would accordingly rely on them for the arguments.
On his part, the Head of Civil Litigation in the Akwa Ibom State Ministry of Justice, Mr Anietie Inyang, told the court that their counter affidavit tendered on August 7, 2024, was followed by a second one filed on 15th August, 2024.
Defendants’ counsel applied to withdraw the counter affidavit filed on August 7th, pleading that they shall henceforth rely on the one of August 15.
The Court accordingly struck out the counter affidavit of 7th August, 2024 and retained that of August 15, 2024.
The defendants maintained that their counter affidavit in many paragraphs, backed by 5 exhibits, were wholly adopted as their arguments.
Upon withdrawal of the counter affidavit of August 7 by the defendants’ counsel, the claimants’ counsel raised an order, paralysing the defendants’ counter affidavit of 15 August, and saying it was not regularised with an appropriate motion.
The claimants observed that the law specifically restricted such regularisation within seven days, which was not followed by the defendants, stressing that the law must be followed to the letter.
Adamson maintained that in as much as counsel did not follow laid down procedure in filing counter affidavit against the subsisting motion, it implied that the motion stood unopposed. He, therefore, pleaded with the court to grant the injunction order.
Counsel to the defendants pleaded with the court not to grant the pleas of the claimants’ counsel, saying that their filing was still within the grace period of the extended time, adding that such situations could only be granted through the discretion of the court.
Responding, the presiding judge, Justice Eme Ekong, adjourned the case to April 29, 2025 for ruling on the motion for interlocutory injunction.
In the case marked HU/243/2024, the claimants are seeking a declaration by the court that they are “the rightful owners of all that property measuring approximately 1.805 hectares … partly comprised in the Certificate of Occupancy 2/2/71 dated 2nd July, 2001”, into which the defendants have forcibly entered.
Accordingly, the claimants are asking the court to order the defendants to pay them the sum of N31bn in both specific and exemplary damages, as well as perpetually restrain them from “committing any further act of trespass whatsoever….”
Meanwhile, the former Commissioner of Lands & Town Planning, Capt Iniobong Ekong, when contacted over the matter, said that he was not aware of the law suit.
The then Justice Commissioner, Uko Essien Udom, could not be reached for comments by press time.
