November 24, 2024

Community drags Cross River Govt to court over land


Some traditional heads of Nkonib Ikot Ansa in Calabar Municipality of Cross River State have dragged the state government to court over land.

The claimants include Ntoe Lawrence Nyong, Ntufam Maurice Omin Iso and Ntufam Donatus Etim (for themselves and on behalf of Nkonib (Ikot Ansa) Qua Clan.

Their claims were contained in a suit numbered HC/86/2024, where they pray the court to declare null and void, and set aside the agreement reached at the meeting of April 4, 2024 where the said land was ceded to Ntoe Paul Assim Ita II as representative of Nkonib (Ikot Ansa) Quo clan.

The state government had acquired 369,579 hectares of land in 2012 for the purpose of constructing the Calabar International Convention Centre, golf course, CICC Hotels, International Hospitals and residential estates.

However, the development resulted in a legal tussle.

It was learnt that government later released about 29 hectares of the acquired land to the Ikot Ansa, Qua Clan in 2019.

Not satisfied with the release of the 29 hectares, which they described as swamp, Ntoe Lawrence Nyong, Ntufam Maurice Omin Iso and Ntufam Donatus Etim (claimants) on behalf of Nkonib (Ikot Ansa Clan) instituted a suit numbered HC/314/2021.

In a consent judgment, Justice Ebuta in 2022 ruled among others, “that the state government shall release 23 hectares of prime dry upland and the 23 hectares is independent of the 29 hectares of swam and ravine land earlier released bringing the total to 52,864 hectares acquired by the claimants”, and “that the state government shall provide infrastructures on the 52.846 hectares of land released to the claimants community”.

The court further ruled that “all private allottee of any portion of the 326.715 hectares of land remaining shall be sub-tenants of the claimants’ community at the rate of N100 per square meter yearly and renewable every year from January 1, 2022, which royalty shall be reviewed 100 percent every ten years”.

Following the judgment, the government iin a public notice published in the state owned Nigerian Chronicle of Wednesday, April 10, 2024, on page 15 and signed by the commissioner for lands, Chief Francis Ekpenyong, handed over the land to the Nkonib (Ikot Ansa) Qua Clan.

The government also formally submitted survey plans to the Clan Head of Nkonib Ikot Ansa Qua Clan, HRH. Ntoe Paul Assim Ita II in compliance with a court-mandated land settlement agreement.

However, the trio of Ntoe Lawrence Nyong, Ntufam Maurice Omin Iso and Ntufam Donatus Etim disagreed with government’s decision to hand over the land to the community and again headed back to the same court for interpretation of Consent Judgment in Suit No. HC/314/2021.

The matter came up before Justice B. Ebuta on May 28, 2024.

Counsel to the claimants informed the court that all the defendants are still within time to file their defence.

On his part, counsel to the 4th defendant, Ntoe Paul Assim Ita, applied that the case file be sent to the Chief Judge of Cross River State for reassignment to another judge since the court had previously heard the matter.

The 1st to 3rd defendants were not represented in court.

The matter has been adjourned to June 24, 2024 for the court to rule on whether to hear the matter or not.



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