BY OUR CORRESPONDENT
The family of Chukwuedo Igwenwanne of Umuojeagu Quarters, Issele-Azagba, Aniocha North Local Government Area of Delta State has petitioned the Senator Ifeanyi Okowa, Governor of Delta State over unlawful encroachment/occupation of their land measuring approximately 199, 516.39sq metres (about 19.952 hectres).
Chukwuedo Igwenwanne in the petition revealed that they are owners of all that parcels of land known and described as Late Pa Gabriel Sunday Igwenwanne family land situate at Olinunu farmland along Asaba-Benin Expressway, Issele-Azagba bounded by the land of Ukwumedua family of Issele-Azagba, bounded bythe land of Idumu-Isor family of Issele-Azagba in the South and the land of Udemegwuna family in the West.
According to Petion, the family cultivated and planted various economic trees such as palm trees, cashews, guava, coconut, agbono trees, rubber trees, bamboo among others, they also were built huts on the land, they averred that they use some parts of the land for seasonal farming of cassava and other varieties of crops to assert and affirm their ownership rights of the land.
The petitioner disclosed that they have been farming on the land from time immemorial and are still on the land as their only source of livelihood before the purported revocation of the rights of occupancy in respect of the part of the land in dispute by Delta State Government.
According to the petitioner, “we were surprised to stumble on a publication where the Delta State Government purportedly published a notice of Revocation of Rights of Occupancy in respect of part of the land in dispute measuring approximately 19.952 hectres of land shown in the survey Plan No: BJ/DT/Q2/108/2013 prepared by Surveyor Osakwe .E. Ogochukwu which the family rely on as the Certified True Copy of the survey plan.”
The family noted that the State Government did not strictly observed and ensured compliance with relevant provisions of the Land Use Act as to acquisition of land because they did not issue and serve a valid notice of revocation of the Igwenwanne family rights in respect of the land in dispute as required by section 44(a), (b) and (c) of the Land Use Act, adding, “as a result of the foregoing, the purported revocation of Rights of Occupancy by the Delta State Government in the land is invalid, null and void abinitio.”
The family of Chukwuedo Igwenwanne maintained that the Delta State Government has not paid any compensation for the acquisition of the disputed land, stressing that by reason of the failure to pay such compensation, a condition precedent to the validity of the acquisition has not been complied with and efforts made to the government to rescind the said revocation proved abortive, adding, “we have suffered great deprivation and loss financially, morally and psychologically over government forceful acquisition of our land, hence we are calling of our amiable Governor to intervene on our behalf to save from further distress.”
Contacted for comments, Hon. Chuka Ossai, Commissioner for Lands, Surveys and Urban Development said that the Delta State Government did not acquired the said land in Issele-Azagba unlawfully, disclosing that the land was in dispute between two communities, Issele-Azagba and Ogwashi-Uku .
Hon. Ossai further disclosed that government in her wisdom decided in one of the State Executive Council meeting to take possession of the disputed land to allow peace reign and released the part that was not in dispute to the communities.
According to the Revocation of Rights of Occupancy and payment of compensation in pursuance of section 28 of the Land Use Actt Cap L5, LFN.2004 signed by the Governor of Delta State, Senator (Dr.) Ifeanyi Arthur Okowa, “that notice was given that the Rights of Occupancy in respect of all the parcel of lands along Asaba-Benin Express Road between Issele-Azagba in Aniocha North Local Government Area of Delta State of Nigeria and Azagba-Ogwashi-Uku in Aniocha South Local Government Area of Delta State which is required by the Government of Delta State for overriding public interest to wit: for public purpose within the Delta State was revoked.”
“All that parcels along Asaba/Benin Express Road between Issele-Azagba in Aniocha North Local Government Area, Delta State of Nigeria and Azagba-Ogwashi-Uku in Aniocha South Local Government Area of Delta State containing area of approximately 242.90 hectares have been revoked”, the revocation letter added.
Meanwhile, the family vowed that if Delta State Government fails to relinquish those parcels of land forcefully collected from them, they would have no other option than to file a legal suit in the law court against the Dr. Ifeanyi Okowa led government.
