On Monday, the 10th day of October, Livingstone Estate relying on a ruling of Rivers State High Court, demolished more than twenty properties at Umuotube Community, Igbo-Etche local government area of Rivers State.
Among the demolished buildings were 18 houses and two hotels estimated to be worth over N800 million.
Justice Augusta Kingsley-Chuku had on February 12, 2021, ruled on a land dispute between the community and the estate founded by one Abasiobong Udofia, a former staff of Shell Petroleum Development Company and a chieftain of the All Progressives Congress, APC in Akwa Ibom.
The community represented by CHIEF KEMAKOLAM NWANUO and eighteen others said the Egwi Etche Customary Court had delivered judgment in their favour in 2019 in another Suit with suit No. ECC/55/2019 CHIEF AUGUSTINE ELEBE NWAFOR AND ORS. VS. DR. ABASIUBONG UDOFIA AND ANOTHER and Suit No. ECC/65/2019 CHIEF JOHN INWERE AND ORS. VS. DR. ABSIUBONG AND ANOTHER.
Properties destroyed during the ‘illegal demolition’
According to them, Abasiobong did not appeal the ruling of the customary court but rather went for what they described as “Forum Shopping’, got a favourable judge, Justice Chuku to hastily conclude the matter within three months and rule in his favour.
They said that after the ruling by Justice Chuku, they served a Notice of Appeal for a stay execution to all parties on February 28. They added that the appeal was entered on July 7.
The community leaders said that despite the Notice of Appeal being served on Austin Omubo Iruene, the Deputy Sheriff of the state high court; the OC Legal of the Police and other parties involved, Mr Iruene illegally led the police to execute the judgement of the high court on behalf of Mr Udofia and Livingstone Estate.
The victims of the demolition also said that they were never served eviction notices before their properties were destroyed.
Chioma Oloh whose hotel was demolished said no notice was served on them before the demolition was carried out.
He explained that they were open for business on the day when a team of police officers and soldiers arrived in the community, armed with the said court order and began demolishing houses without pre-informing them.
Speaking further on the incident, the community leaders said that Mr Udofia could not also produce any deed of conveyance on the land as none was given, adding that he deceived some elders in the community with gifts and started appropriating the land to himself.
They further described him as a desperate land grabber, alleging that he paid the Mr Iruene the sum of five million naira in order to carry out the illegal execution of the appealed judgement.
Augustine Akwarandu, lawyer to Mr Udofia said that “The court that has the first instance to hear any matter in respect of stay of execution of any judgement is the court of the first instance. That application should be filed at the court of the first instance, thereafter can proceed to a court of appeal, none was filed, none was served on the Claimant judgement creditor, none was served at the court, none was to the sheriff’s office.
“We all know the process of executing court judgement, it is a valid one and the officers acted in respect of what the court ordered. The Claimant did a diligent search to know if there is any pending application in respect to this particular judgement order and out that there is none.”
But Reuben Wanogho, Counsel to the community said Notice of Appeal was duly served on the Deputy Sheriff of the High Court.
He noted that the affidavit of service was deposed to by the Bailiff who served the Notice of Appeal to the parties involved.
He said they intend to deal with the situation legally, adding that they will take all necessary steps to seek redress.
According to him, what happened was totally illegal and unlawful, adding that the law does not permit such.
He said: “One other side to it that is very funny is that when judgement relates to land, what happens is that the Bailiffs will go there and map out the area in contention.
“The Bailiffs do not go demolishing properties on land in the name of execution of judgement. That execution was an act done Mala fide and we will take all necessary actions to challenge it legally.
“That appeal was entered on the 7th of July 2021. The appeal was entered with appeal number CA/PH/199/2021. So everything that is associated with the demolition is nothing but blatant illegality.
“It is so unfair because it is an affront on the rule of law and constitutes an abuse of court process”.
Meanwhile, the Rivers State Chief Judge has queried the Deputy Sheriff of the high court, Mr Iruene.
It was gathered that the Deputy Sheriff was queried following petitions by the victims against the demolition of their properties.
Sources within the judicial circle said Iruene might face sanctions and possible dismissal over his connivance with the estate to carryout the demolition of the 20 buildings.
