Land Grabbing:  Rights Group, CRRAN, Petitions Defence Minister Over Threat By 82 Division GOC To Forcefully Take Over Citizen’s Land In Enugu

By;  KELVIN OKPARA, Enugu 

Worried by what it viewed as grave act of lawlessness and insubordination by authorities  of the 82 Division of the Nigeria Army Enugu, a human rights group, Civil Rights Realisation and Advancement Network (CRRAN), has petitioned the Minister of Defence, to as a matter of urgency, intervene in a threat by the General Officer Commanding (GOC) of the said division to forcefully and unlawfully take over the property of a citizen of Enugu State, Barr. Nana Ogbodo.

The petition dated  May 6, 2024, signed by president of the organization, Barrister Olu Omotayo, and made available to our correspondent  on Monday, was copied to the Chief of Army Staff (COAS), and the  General Officer Commanding, 82 Division Nigerian Army Enugu.

It read,: “We write to you in respect of the above mentioned matter, in which the authorities of the Nigerian Army at the 82 Division, Enugu, in defiance to the letter from the office of the Chief of Army Staff that the matter is under investigation by his office have decided to take the law into its’ hand and supplant the rule of law with the rule of the jungle.

“The summary of the facts are as follows: Citizen Nana Ogbodos’ house was unlawfully destroyed by the administration of former Chimaroke Nnamani sometime in November 2004. In the quest to uphold justice by the former Governor of Enugu State, Ifeanyi Ugwuanyi, vis a vis  the suit no. E/925/2005, filed by citizen Nana Ogbodo, at the State High Court in 2005, his administration gave a COMPENSATORY PLOT of land for the unlawful demolition of Ogbodo’s home by the past administration. 

According to CRRAN, “the property is situated behind No.7, Abakaliki Lane, GRA, Enugu. The property was duly registered and Certificate of Occupancy duly granted to the beneficiary by the state government in January 2022.

“Mr. Ogbodo, fenced the property round and built a bungalow apartment on the property. The said apartment currently has a tenant occupying it. 

“Sometime on  May 1, 2023, some military officers from the 82, Division of the Nigerian Army visited the property and said the property belongs to the Army that it was among the properties they were holding in trust for the state government, and therefore, directed that the landlord should furnish the Nigerian Army 82 Division, with all the documents relating to his ownership of the property.

“Mr. Ogbodo, in response vide a letter dated 1st May 2023, duly furnished the General Officer Commanding (GOC), with all his title documents including the Certificate of Occupancy duly issued by the government. 

“Thereafter there was no further response to the letter by the military authorities until February 2024.

“Sometimes in February 2024, the tenant informed the landlord again that there was further visit by some soldiers from 82, Division, directing her to vacate the property within 7 days. 

“The incident made Mr. Ogbodo, to visit the 82, Division of the Nigerian Army and met the then Garrison Commander and showed him all his documents including the Certificate of Occupancy (C of O) , but the Army authorities only claimed that the property belong to it without showing any document of ownership. 

“On that occasion one of the officers told him that the property was one of the properties captured by the Army during the civil war.

“Mr. Ogbodo thereafter got a lawyer to serve the Chief of Army Staff a “Pre Action Notice” informing the Army authorities of his intention to file an action against it in the court of law. 

“The office of the Chief of Army Staff in response vide a letter dated 26 March 2024, stated that it has commenced investigation into the matter and will revert back on its’ findings.

“The said letter is attached herewith, adding that it is surprising that in a clear act of insubordination one Major H.Y. Shehu, writing on behalf of the GOC 82, Division of the Nigerian Army , vide a letter dated 30th April 2024, directed Mrs. Roseline Okoye the tenant on the property to vacate the property within 7 days. The said letter is attached herewith.

“We submit that the hallmark of democracy is the observance of the Rule of Law by the citizenry and all the institutions in the polity. 

‘The Army in its’ civil transactions and relationship are bound by the law of the land. More worrisome is the fact that while the office of the Chief of Army Staff is looking into a matter, an officer of the rank of a Major is threatening to throw out the lawful occupant of the property. 

“This is a grave act of lawlessness and insubordination. It should be noted that the by virtue of the Land Use Act, the Governor is vested with the sole authority over all state land and not by conquest.

 “The only way the military can claim ownership of the property is to show documentary evidence and not rely on the ridiculous claim of the property being among the ones captured by the Army during the Civil war which took place over 50 years ago.

“We urge you to in the interest of justice and Rule of Law directs the Army authorities particularly the GOC 82 Division, to allow the conclusion of the due process initiated by the Chief of Army Staff and also submit to the jurisdiction of the court of competent jurisdiction which is now seized of the matter.”

Efforts by our correspondent to obtain  reaction of the  Director, Army Public Relations, General  Onyema Nwachukwu were  not successful, as his mobile phone could not be reached as at the time of filing this report.

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