The Ozalla Abor community are the undisputed owners of the parcel of land situate at and called Villa Estate Layout. Ozalla Abor Phase11, Enugu North local government area, Enugu state which they inherited from their ancestors and were in exclusive possession thereof on the passing of the land use act in 1978 under which they became entitled to a Customary right of occupancy over the same.
As the original rightful owners in possession, the ozalla Abor community sometime in 2009 laid out the said parcel of land which is now known as and called Villa Estate Layout Phase 11, Ozalla Abor and allocated same to their male members who in turn sold some of their allocations to diverse persons.
The said villa estate layout phase 11, Ozalla Abor is a registered layout with the ministry of lands and urban development described in PLAN NO: EOA/EN144/2015.
Sometime in May 2017, the community allotees and the community became aware of the presence of bulldozers and caterpillars on the land and upon enquiries, it was revealed that the Enugu state government in collaboration with the ministry of housing Enugu state were perfecting plans to re-paecellate and have in fact started re-parcelleting the said Villa esate layout phase 11 and renamed it Legacy Estate and were selling it to unsuspecting members of the public.
On the 10th of may 2017, our counsel served the Executive governor of Enugu state, Hon. Attorney-general of Enugu state and commissioner Enugu state housing development corporation a pre action notice and also filed an interlocutory injunction restraining them from entering the said land which was granted on the 31st day of July 2017.
On the 7th September 2017 after the expiration of the pre-action notice, a writ of summons was filed in suit No: E/518/2017 between the ozalla abor community as 1st set of plaintiffs and Mr. Charles Ogbonna Asogwa & 3Ors as 1st set of defendants, later Ugwunani Abor and Eziama Nike applied to be joined and were joined on 28th may 2018 as 2nd and 3rd sets of defendants. The 1st set of defendants have filed their pleadings and the suit is currently pending before Hon. Justice C.C. Ani (Phd) MCIArB and ready for hearing.
This May 2021, Ozalla Abor community noticed the presence of bulldozers and tractors in another part of the Villa Estate layout phase 11. On enquiry it was revealed that it was the current General manager of Housing corporation (Hon. Chukwuemelie Agu) in collaboration with the Ugwunani Abor community (the 2nd sets of defendants) in the above mentioned suit have started trespassing in the said Villa estate layout phase 11, Ozalla, despite the pendency of the above suit and injunction, thereby attempting to foist on the court a “fait accomplis”.
We therefore urge the General Manager Housing corporation (Hon. Chukwuemelie Agu) not to take any action that will have the effect of destroying ‘the res’ herein as a court of competent jurisdiction is now seised of the matter.
The conduct of the general manager Housing corporation and Ugwunani Abor community is patently illegal, contemptuous, totally at variance with the tenets of constitutional democracy and is a sad reminder of an era which most of us thought was behind us. The penchant of those in high office to undermine the powers of court and continue to impugn its integrity amounts to highest level of irresponsibility.
It is our considered view that we cannot truly make progress as a nation unless we respect and abide by the Rule of law.
As we acknowledge the good governance of our amiable Governor, Rt. Hon. Ifeanyi Ugwuanyi, we urge him to take steps towards curtailing the excesses and the illegalities of the General manager, Housing Corporation Hon. Chukwuemelie Agu in order to forestall his attempt to drag the hard earned reputation of the Governor to the mud in his quest for land grabbing.
WE THEREFORE, STRONGLY ADVISE THE GENERAL MANAGER HOUSING CORPORATION TO STEER CLEAR OF VILLA ESTATE LAYOUT OZALLA ABOR, PHASE 11 ENUGU STATE.
WE ALSO ADVISE THE PUBLIC AGAINST BUYING A PROPERTY FROM THE PURPORTED LEGACY ESTATE OR WHATSOEVER NAME CALLED, ANY ATTEMPT THEREIN WOULD BE TANTAMOUNT TO BUYING NOTHING.
Onyechi J.N
Chairman, Ozalla Abo General Assembly.