●Accused of trespassing into private asset
●We are carrying out our mandate – Hon. Johnson
Things are no more rosy for the Akwa Ibom State House of Assembly after an alleged attempt to trespass into a major private asset, has backfired, resulting in a law suit at the tune of N2,750,000,000 (two billion, seven hundred and fifty million Naira).
A credible source revealed that the House of Assembly, through the Committee on Commerce, Industry & Tourism, has recently been on the mission to reclaiming a previously state-owned asset, The Qua River Hotel, which was sold to a private investor 23 years ago.
Findings revealed that the administration of Obong Victor Attah, had in the year 2000, advertised the property for privatisation.
The said privatisation process was concluded in 2001, when an investor, Ekpoudia Enterprises Limited, fulfilled the purchasing conditions, paying the sum of N50,000,000 (Fifty Million Naira) to the coffers of the Akwa Ibom State Government to claim ownership.
An impeccable source told WatchmanPost that the State Government, through the Akwa Ibom Investment and Industrial Promotion Council (AKIIPOC), facilitated the transfer of ownership to the investor, through her Managing Director, Dr Ikpe Ekpoudia.
Consequently, the Certificate of Occupancy of the Qua River Hotel, No. EK/835/2004 in favour of Ekpoudia Enterprises Limited, with Survey Plan No. AK/EK/18 (Tracing No.AKU.213), containing an area of approximately 11.113 hectares, along Liver Pool Road, Eket, Eket Local Government Area, was handed over to the buyer.
Ekpoudia Enterprises Limited had since been in possession of the property. At the demise of the MD, Dr Ikpe Ekpoudia, his son, Neal Kwame Ekpoudia, succeeded him as the MD.
The buyer had both in 2014 and recently in 2023, done further valuations, with a view to assessing the requirements for further investment in the asset.
In 2014 for instance, the valuation of the asset was pecked at N1,150,000,000.00 (one billion, one hundred and fifty million Naira) only, while that of 2023 was pecked at N2,750,000,000.00 (two billion, seven hundred and fifty million Naira) only.
But the Akwa Ibom State House of Assembly on Friday, May 3, went on an unscheduled “fact-finding visit” to the property.
Accordingly, the Assembly, represented by the House Committee on Commerce, Industry and Tourism, led by the Chairman, Hon. Effiong Johnson of Mbo State Constituency, interrogated a relative of the investor.
After series of interrogations, the House Committee was said to have invited Mr Imaobong Ekpoudia to the House of Assembly on Monday, May 6, during a Committee meeting, where he was reportedly questioned without due time for preparation.
All relevant documents were ordered to be provided to the committee, which were duly supplied on Monday, May 6.
But not satisfied with documents and oral presentations earlier supplied, the House further summoned the investor to another session on Friday, May 10, 2023.
The source said the investor’s lawyers were not given due time to represent their clients, as government was threatening to revoke the certificate of occupancy, without due process.
Consequently, the investor, through his lawyers led by Ndifreke A. Akpan Esq, has filed a suit against the Akwa Ibom State House of Assembly, chronicling the activities of the investor in attempt to developing the asset.
The suit filed in the Akwa Ibom State High Court sitting in Eket, with Suit No. HEK/33/2024, has the investor, Ekpoudia Enterprises Limited as Claimant, while the Attorney General of Akwa Ibom State, Akwa Ibom State House of Assembly and Governor of Akwa Ibom State, as 1st, 2nd and 8th Defendants, respectively.
Also, Chief Effiong Johnson, Member representing Mbo State Constituency; Hon. Lawrence Udoide, Member representing Ini State Constituency; Hon. Selina Ukpatu, Member representing Eastern Obolo/Ikot Abasi State Constituency; Hon. Nsidibe Akata, Member representing Eket State Constituency, and Hon. Bassey Pius Bassey, Member representing Okobo State Constituency, are 3rd to 7th Defendants respectively.
The Motion on Notice, brought pursuant to Order 38 Rule 8 and Order 39 of the Akwa Ibom State High Court (Civil Procedure) Rules, 2009, Section 6(6)(A) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 7 of the High Court Law, 2000, seeks the relief of the Court for:
“An order of interlucatory injunction restraining the defendant and respondents their agents or privies from trespassing or further trespassing on all that property known, described or identified as Qua River Hotel (consisting of several rooms, apartments, structures, etc, with its appurtenances) situate and being in Eket Local Government Area, Akwa Ibom State, having acquired same from the government of Akwa Ibom State on June 28, 2001.
“An Order of interlucatory injunction restraining defendants, their agents privies, assigns or howsoever called from selling, attempting to sell, pledging/mortgaging, attempting to pledge/mortgage, or howsoever disposing of, or conveying interest in the property, all that property known, described, and/or identified as Qua River Hotel (consisting of several rooms, apartments, structures etc, with its appurtenances) situate and being in Eket Local Government Area, Akwa Ibom State, having acquired same from the government of Akwa Ibom State/Akwa Ibom State Government in June 2001, pending the determination of the substantive suit.”
The Claimant seeks an order of the Court “for the 8th Defendant to pay the Sum of Two Billion Seven Hundred and Fifty Million Naira (N2,750,000,000.00) being the cost of the current value of the property as valued by Isua Akpaso of Isua & Associates.
While seeking damages of trespass to the tune of N500,000,000.00 (Five Hundred Million Naira), the Claimant equally prayed the Court to award N200,000,000.00 (Two Hundred Million Naira) only for cost of legal action.
Contacted for his side of the story, the Chairman, House of Assembly Committee on Commerce, Industry and Tourism, Sir Effiong Johnson, said the Committee was carrying out its constitutional responsibility.
Effiong Johnson said they were mandated by the House of Assembly to investigate what was happening there, as government was still the owner of land and had the rights to know the extent of development of assets within the state.
He said, “What is the function of the House of Assembly? If the House gives me an assignment, should I not carry it out? The House is investigating something. If the place is being used to accommodate robbers, does the House not have the right to investigate?
“If my house is sold to somebody to develop it for the benefit of the State, but the person fails to do so, does the state not have the right to investigate? Who owns the land? Is the land not owned by government?”
Chief Johnson however invited our correspondent to his office on Monday, May 13, for further briefing on the matter.
