The House of Representatives Committee on Public Petitions says it has power to enforce the court judgement of N13,848,949 awarded against Akwa Ibom Government to 13 villages in Mkpat Enin Local Government Area of the state.
This came as a counsel to the Akwa Ibom government asked the National Assembly Committee to strike out a petition brought by the 13 villages before it against the State Government for lacking requisite jurisdiction to entertain the case.
Straightnews recalls that St. Gabriel Coconut Plantation and Oil Refinery Limited land owners in Mkpat Enin Local Government Area had petitioned Akwa Ibom State government to the National Assembly for flagrant refusal to comply with the judgement and pay N13,848,949 to the 13 Villages (Land Owners of the Deemed Customary Rights of Occupancy) since 2016.
The Committee on Public Petitions sat last Thursday and the petition was listed as No. 6 on the Cause List.
The 13 villages were represented by Barrister Jacob B. Udobang and Barrister B.P. Marcel, in company of the Executive Director, Aletheia Development Center, Sam Akpan-Nsubong 111.
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Akwa Ibom State government was represented by Barrister Bassey Ekanem, Director, Civil Litigation in the Ministry of Justice and another lawyer.
When legal fireworks began, Counsel to the State Government, Barrister Bassey Ekanem urged the committee to strike out the petition for lack of requisite jurisdiction by the National Assembly, as there was a pending Suit No. HME/19/2020 before Hon. Justice Iniabasi Udobong of the High Court of Akwa Ibom State, Mkpat Enin Judicial Division and therefore was subjudiced.
Ekanem further contended that the National Assembly lacked the power to enforce the High Court judgment against the government of Akwa Ibom State as the judgement is against St. Gabriel Plantation and Oil Refinery Limited, a separate legal entity from the Akwa Ibom government.
Contradicting the claims by the defending Counsel, Attorney to the St. Gabriel Coconut Plantation and Oil Refinery Limited Host Communities Forum, Barrister Jacob Brown Udobang vehemently opposed the application and submitted that the defendant’s lawyer lied by speaking from both sides of the mouth.
Udobang averred that Barrister Ekanem on one hand had said, the petition should be dismissed because of a pending case before Hon. Justice Iniabasi Udobong at the High Court in Mkpat Enin, and at another hand that, National Assembly lacks power to enforce the High Court judgment that was earlier issued against Akwa Ibom government, but to St. Gabriel Coconut Plantation and Oil Refinery Limited as a legal entity.
Barrister Udobang dismissed the submission that there was no pending matter before the High Court of Akwa Ibom State in respect of the issue of compensation for the 13 petitioners/judgment creditors, as the matter was struck out since June 5, 2023.
On Barrister Ekanem’s application that the judgment by the High Court in Mkpat Enin was against St. Gabriel Coconut Plantation and Oil Refinery Limited as a legal entity, not Akwa Ibom State Government, Barr. Udobang stated that it is the Akwa Ibom State Government that compulsorily acquired the petitioners’ thousands of hectares of lands since 2016 under its industrial policy of the then Governor Udom Emmanuel administration which St. Gabriel Coconut Plantation and Oil Refinery project was a part.
According to him, “the Government of Akwa Ibom State has been approving and spending billions of Naira from the Akwa Ibom State Government coffers from 2016 on the project till date.
“In the Akwa Ibom State yearly budget for St. Gabriel Coconut Plantation and Oil Refinery Ltd, funds had been allocated and more 200 million share capital of the company is fully allotted and owned by Akwa Ibom State Government.”
He challenged the defending Counsel, Barrister Bassey Ekanem to show proofs that St. Gabriel Coconut Plantation and Oil Refinery Limited is not funded by the government of Akwa Ibom State.
The lawyer reasoned that in the current Akwa Ibom government approved 2024 budget, a whopping N390 Million had been allocated for the maintenance of infrastructure like in the previous years.
Barrister Jacob Udobang further submitted that “from the body language of my learned colleague, Barr. Ekanem, it was obvious that his mission was to have the petition struck out on technical grounds, regardless of the pronounced impoverishment of the petitioners and suppression of their constitutionally guaranteed fundamental rights to inalienable ownership of immoveable property being lands and/or payment of prompt and adequate compensation, under Section 44 of the Constitution of the Federal Republic of Nigeria Land Use Act, the Environmental Impact Assessment (EIA) Report and African Charter on Humans and People’s Rights.
“It is sad and unfortunate that from 2016 till date, close to N50 Billions of tax payers monies have been siphoned by the former Governor, Mr. Udom Emmanuel’s administration under suspicious and secretive guises.
“The denial of the citizens right to compensation based on the judgment of the High Court, points to a government that opposes instead of upholding the rule of law and due process.
Is it not sad that the same Coconut Factory launched by the former Governor of Venue State, Senator Gabriel Suswam, who was the Director – General, Udom Emmanuel’s Presidential Council in 2023 is a farce?”
The Chairman, House of Representatives Committee on Public Petitions, Hon. Michael Etaba after listening to the submissions by both Counsels on behalf of their respective parties, refused the application by Counsel to Akwa Ibom State government, Barrister Ekanem and ordered the two Counsels to submit their briefs with all necessary verifiable documents in support of the case.
He further stated that, the National Assembly has the power under the Constitution of the Federal Republic of Nigeria to enforce the judgment particularly, this very case before the National Assembly Committee on Public Petitions, since the judgment was obtained since 2021 and the petitioners could not enforce due to intrigues.
The committee, however, adjourned the case to October 15, 2024 for further hearing.
Reported by Denis Udoma
