Demolition: Court adjourns Lake Petroleum Ltd vs Anambra Govt indefinitely

By Praise Chinecherem

Federal High Court sitting in Awka, Anambra State presided over by Justice P.E.K Mohammed has adjourned indefinitely for Ruling on Applications for Joinder in the Fundamental Right, suit filed by Lake Petroleum Limited, against State Government and Chairman, Onitsha South Local Government Area, Mr Emeka Orji.

The Ruling on the Application for Joinder could have been given by immediate past Judge of the Court, Justice Yiwa Joseph, who has since been transferred out of the state.

On May 20, 2025, when the Ruling was to be given, Justice Joseph told the court that the case file was not made available for her, adding that she could not rule on a matter the case file was note made available to her.

“I have been transferred immediately. I will ask that the matter be handled by the next Judge. I’m no longer in this case. I cannot give any Ruling for the next Judge. I will allow the next Judge to determine the Joinder issue,” she added.

Two factions of Ogbo family applied to be joined in the suit, but lawyer to the family Ifeanyi Ezekwelu told the Court that only Omodi Nzekwu, the Diokpa of Ogbo family of Umeasele Onitsha, is the authentic person representing the family.

According to Ezekwelu, only Omodi Nnaemeka Nzekwu, the Diokpa of Ogbo family is permitted to represent the family or anybody he delegate to represent him.

However when the case came up under the new Judge, Justice Mohammed, Counsel to the Applicant, Lake Petroleum Limited, J .J Ezeuko SAN, who appeared with C.S Obianwuna, told the Judge that the Suit is a Fundamental Right case that was filed in 2024.

“According to Ezeuko, SAN, “Your learned brother Justice Nnamdi Dimgba, who has been promoted to the Court of Appeal, made an Order which is in the court records, restraining the Respondents by themselves, agents, privies, cronies from further invasion.

“He also ordered entering and ejecting, demolition and sealing off and stationing armed thugs and policemen on the landed property known as Ndende Land, along Niger Street, Onitsha South Local Government Area Anambra State, covered by Building Certificate of Occupancy issued in the name of the Applicant and from further denying the Applicant, its staff and tenants access or entry into the said land to carry out their daily legitimate businesses pending the determination of the Substantive Motion for enforcement of their Fundamental Right to own immovable property in Nigeria and the Order is dated March 19, 2024.

“Despite the existence of the Order, there is continued violation of the Order by Emeka Orji, one of the Respondents. While the continued violation of the Order is on, two parties applied for Joinder in a Fundamental Right Matter as co- Respondents, when they do not have any claim of violation by the violator.”

Faith Nwabachili, Senior State Counsel appeared for the 1st and 2nd Respondents, Anambra State Government and the Attorney General of Anambra State, while O.C Aghadinuno appeared for the 3r Respondent, Emeka Orji, who is the Chairman of Onitsha South Local Government Area, Anambra State.

T. S Emeka was holding brief for Ifenyi Ezekwelu, counsel to Omodi Nnaemeka Nzewku, who sought to be joined as co-Respondent in the suit, while M. C Ifechukwu said he appeared for the 1st party that sought to be joined as co- Respondent.

However Ezeuko SAN, who described the two Application for Joinder as “Strange Applications”, told the Court that the two parties seeking to be joined in the suit, that their applications are not seeking any remedy against the 1st to 4th Respondents, who are the Original Respondents.

“They are what Ezekwelu had in the previous sitting described as meddlesome interloper, but however, the court can take their applications for Joinder before the substantive suit. I have filed a counter to their applications for Joinder.

The Judge after hearing Ezeuko, SAN and the two parties seeking for Joinder in the suit, however asked the parties seeking to be joined if they stand to lose anything if they are not joined, as there is no record with the court of any violation against them.

But Mr Ifechukwu, counsel to one of parties seeking for Joinder told the court that “When a family property is threatened any member of the family have the right to complain, but the Judge told him to supply the court with the facts of such threats and Ordered that it be given to the Registrar.

Noticing that the Senior State Counsel, Nwabachali, who is the Counsel to the 1st and 2nd Respondent, did not make any comment while the arguments were going on, the Judge asked her if she is objecting to the Joinder, she said “My Lord I only want it to be on record that we are not opposed to the applications for Joinder.”

After hearing all the parties the Judge Justice Mohammed said, “Date for ruling will be communicated to this Court.”