…Property Now Demolished For the Third Time
An Owerri Federal High Court has summoned five officials of Imo state
government for disobeying an order restraining the state government from
demolishing a property belonging to the former minister of Interior, Capt.
Emmanuel Iheanacho.
The affected officials are the commissioner for Works and Transport, Mrs
Josephine Udoji, her counterpart in the ministry of Lands, Survey and
Urban Planning, Chief Lawrence Eburuo, Permanent secretary, Ministry of
Works, Dr. Iwuagwu, Director of Civil Works in the ministry of Works,
Engr. C.E. Egbuka and Head of Department, Works in Government House, Arc.
Emeka Duru.
These officials including Gov. Owelle Rochas Okorocha are defendants to a
suit (Suit No. FHC/OW/133/2016) filed by Captain Emmanuel Iheanacho to
protect his property from demolition by the state government.
Justice Ambrose Lewis- Allagoa who frowned on the continuous disobedience
of the court order by Okorocha-led government, however, threatened to
issue a warrant of arrest of the affected officials should they fail to
appear on December 8.
Recall that on July 3, 2016, an Owerri Federal High Court had issued an
order restraining the defendants from entering or encroaching for the
purpose of demolishing the property located at No 6 Orlu Road, Owerri,
pending the determination of the motion on notice for interlocutory
injunction filed by the plaintiff (Capt. Iheanacho).
But the order was disobeyed as Gov. Okorocha personally supervised the
demolition of the said property.
When the matter came up for mention, counsel to Capt. Iheanacho, Chief Ken
Njemanze (SAN) told the court that he brought a motion to commit the
defendants to prison for “continuously violating the order made on July
3rd by the court. The defendants treating this court with levity and
contempt because they think they are above the law. That is why they
continue to absent themselves from the court.”
But counsel to the defendants, Mrs J.C. Ibe, asked the court to adjourn
the matter to enable her clients time to appear as ordered by the court.
She claimed to be unaware of service of appearance on the defendants.
Her attempt to file a motion challenging the jurisdiction of the court on
the matter was turned down as Justice Allagoa insisted that orders of the
court must be obeyed before entertaining motion on jurisdiction.
While adjourning the matter, Justice Allagoa said “whether you are aware
of the service on your clients or not, the issue is about personal service
on the defendants. So, if they decide not to inform you, it’s not my
problem. What it means is that they are illiterate of the law and not
ignorant”
The judge expressed his displeasure saying that “the inherent powers of
the court are continuously assaulted by the actions of the defendants. I’m
not looking at the issue of jurisdiction. But, whether my court has
jurisdiction or not, it shouldn’t warrant anyone to disobey the court. So,
I can’t look at the issue of jurisdiction without you first obeying my
orders as court”, the Judge ruled.
The judge, however, adjourned the matter to December 8, 2016 to enable the
defendants appear before it and show course why they should not be
committed to prison.
Meanwhile, as the court was sitting on Monday, Gov. Okorocha and officials
of his state government invaded the property again and demolished it for
the third time. A visit to the area shows that no other property situated
along Orlu road was touched except that belonging to Capt. Iheanacho.