Amid lingering contentions over the Stubbs Creek Forest Reserve, the Akwa Ibom Government has cleared air on the lawful ownership of the disputed land.
In a press release issued on Tuesday by Uko Essien Udom, SAN, Hon. Attorney-General & Commissioner for Justice on the title: RE: LEGAL STATUS OF STUBBS CREEK FOREST RESERVE, the State Government has reaffirmed the lawful ownership of the land.
Recall that Eket People’s Union (EPU) which has been claiming ownership of the land had asked the Governor Umo Eno to take necessary steps to implement the various purported court rulings to affirm their ownership of the Stubbs Creek Forest, rather than raising a new committee to adjudicate on the matter with their Ibeno neighbours.
However, Ibeno Clan Council countered that ‘‘That expanse of the Reserve Forest Creek is the very landmass of Ibeno and accused EPU of peddling falsehoods, twisting history, and blackmailing.
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Udom said ‘‘The Government of Akwa Ibom State has noted recent publications circulating in the social and conventional media by a group known as Ekid People’s Union, concerning the ownership and legal status of land within the area known as Stubbs Creek Forest Reserve.
‘‘The Government would ordinarily not want to comment on this matter as there is a pending suit filed by the same group before a court of competent jurisdiction involving issues surrounding the Stubbs Creek Forest Reserve. It has however become necessary, in the overriding public interest, to correct serious misrepresentations being made in the public space.’’
According to him, ‘‘Contrary to the claims being circulated, the historic litigation, the case of Ntiaro and Ikpak Vs. Ibok Etok Akpan and Edoho Ekid, culminating in the 1918 decision of the Judicial Committee of the Privy Council did not vest ownership of Stubbs Creek land in any ethnic group or community. The final judgment merely dismissed the claims before the court and granted title to no party whatsoever. Any assertion to the contrary is false, misleading and a distortion of the judicial record.
‘‘The Stubbs Creek land was thereafter lawfully reserved by the Colonial Government of Nigeria under the Forest Reserve Order No.45 of 1930, which was further amended in 1941, 1955 and 1962, and the principal rights of the land forfeited to the Government upon the change of status, and has since been administered under applicable laws by the Government of Akwa Ibom State. The State Government has at all times acted within its lawful authority in the management and allocation of land in the area for legitimate public and economic purposes.
‘‘Under the Constitution of the Federal Republic of Nigeria, 1999 (as amended), particularly by virtue of its recognition and entrenchment of the Land Use Act, all land within Akwa Ibom State is vested in the Governor to be held in trust and administered for the use and common benefit of all Nigerians. Accordingly, claims of absolute or exclusive ownership based on ancestral or customary assertions are subject to, and regulated by, existing law.’’
He maintained that ‘‘The Government categorically denies allegations of fraud or misrepresentation in relation to the Stubbs Creek Forest Reserve or any investment therein, and will take appropriate legal steps against any individual or group involved in the publication of false, misleading, and/or criminally defamatory matter capable of undermining public confidence or discouraging investment and infrastructural development in the state.
‘‘In furtherance of national development objectives, the Government assures the Federal Government of its support, and grants full access and Right of Way for the construction of the Coastal Highway through any part of the State.
‘‘The Government reiterates its commitment to the rule of law and to the determination of all disputes by the courts, and urges all parties to refrain from misleading the public and allow the issues currently before the court to be determined through due process,’’ the Attorney-General added.
