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February 20, 2023
A new development in the land racketeering and grabbing emerged as the government is now issuing multiple C of O in one landed property to different individuals and entities, SaharaReporters learnt.
Land racketeering and grabbing in Enugu State under the administration of Governor Ifeanyi Ugwuanyi have now reached an alarming height with the same land allotted to different individuals and each having the Certificate of Occupancy (C of O) and other titles.
SaharaReporters reported in August 2022 how Ugwuanyi's appointees and close associates with some top government officials floated a private company to off take revoked landed properties of residents and investors, and resold the same.
Although the government through an acclaimed civic organisation laboured to fault the report even when it did not produce counter evidence or made available its so-called investigation, the state government however, did not investigate the report nearly nine months after publication as the government officials involved in the business had neither resigned their appointments nor sacked by the governor.
However, while the earlier report was still unattended, a new development in the land racketeering and grabbing emerged as the government is now issuing multiple C of O in one landed property to different individuals and entities, SaharaReporters learnt.
For instance, a land belonging to immediate past governor of Enugu State, Mr Sullivan Chime allocated to Nigeria Society of Engineers, Enugu State branch; National Union of Local Government Employees (NULGE) Enugu and Mr Okey Ezeugwu (retd) Assistant Controller General of Immigration in Independence Layout and subsequently issued with C of O since 2014 was bizarrely reallocated to one Oke Hyacinth Ayogu and his company HYMAC Real Ltd in 2021 with a C of O also issued to him.
The reallocation to Ayogu and his company was done by Ugwuanyi’s administration despite the fact that the initial allottees had fenced their property and commenced development, some had built houses on theirs, paid all the necessary fees and annual premium till date.
Meanwhile there is indication that the land was revoked as there was no material evidence to attest to that, however, under the Land Use Act of 1978, land in the state is vested in the governor but not without responsibility, as he hold it in trust for the people and he can only revoke for overriding public interest.
Chapter one of the Act stated thus: "Subject to the provisions of this Act, all land comprised in the territory of each State in the Federation is hereby vested in the Governor of that State, and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act."
However, the Act clearly stated in section 28 the conditions by which the governor can revoke land and in section 29 compensation to revoked land.
Section 28(1) stated “It shall be lawful for the Governor to revoke a right of occupancy for overriding public interest.” In 28(4) the Act stated that “the Governor shall revoke a right of occupancy in the event of the issue of a notice by or on behalf of the President if such notice declares such land to be required by the Government for public purposes. Sec. 28(5) The Governor may revoke a statutory right of occupancy on the ground of-(a) a breach of any of the provisions which a certificate of occupancy is by section 10 of this Act deemed to contain; (b) a breach of any term contained in the certificate of occupancy or in any special contract made under section 8 of this Act; (c) a refusal or neglect to accept and pay for a certificate which was issued in evidence of a right of Occupancy but has been cancelled by the governor under subsection (3) of section 9 of this Act.”
Sec. 28(6) stated that “the revocation of a right of occupancy shall be signified under the hand of a public officer duly authorised in that behalf by the Governor and notice threof shall be given to the holder.” Sec. 28(7) stated “the title of the holder of a right of occupancy shall be extinguished on receipt by him of a notice given under subsection (6) of this section or on such later date as may be stated in the notice.”
However, SaharaReporters’ investigation revealed that the initial allottees had never broken any of the laws in their terms of allocation or there was any material evidence to show that the government had fulfilled section 28 of the Act.
“The government officials want to take the property because they deemed it feet and have the powers to do so regardless of what the law says insofar they are in government and in-charge anybody can go to hell,” a source had told Saharareporters.
While the retired Immigration officer, Ezeugwu was allocated Plot P/23CD Independence Layout, Enugu on 17 September, 2023, he was issued C of O in 2014 with File No: GAL/08031 and Certificate Number 011910. The C of O was signed on 30th June 2014 by the former Commissioner of Lands and Urban Development, Dr Chukwuemeka Ujam.
However, Ayogu through his company HYMAC REAL LTD was allocated Plot P/23C Independence Layout, Enugu with C of O number 007879 and File No:GAL/10235. C of O signed by the immediate past commissioner for lands and Urban Development, Dr Victor Nnam was dated 30th July, 2021.
Interestingly, in a letter the state commissioner of land to police in response to its investigation with Ref No: LR/VOL.4/2022/318, dated 9th of September 2022 which was addressed the Deputy Commissioner of Police, State Criminal Investigation Department, Enugu State Police Command clearly stated that Plot P/23CD Independence Layout, Enugu belong to Ezeugwu.
Titled: “Re: Investigation activities. Re: case of conspiracy, forgery and forcible entry, threat to life and conduct likely to cause breach of peace,” signed by Nnamani Jane U. Head of Department (Deeds) for Hon Commissioner, reads:
“I am directed to refer to your letter dated 23rd August, 2022, referenced CR:300/ENS/X/D7/VOL.44/68 on the above subject and to inform you that Plot P/23CD Independence Layout, Enugu is in the name of Barr. Okey Ezeugwu of No. 36 Hillview Avenue, Independence Layout, Enugu via Building Certificate of Occupancy registered as No.95 at page 95 in volume 130 of the Lands Registry, Enugu and dated 11th June 2014.
“The above information is as contained in the records lands registry, Enugu as at date.”
In another letter to the police by the Enugu state ministry of lands and urban development dated September 8, 2021, addressed to the Assistant Inspector-General of Police, Force Criminal Investigation Department Agbani Road, Enugu stated that Plot P/23C was genuinely allocated to HYMAC Real LTD.
The letter titled: “GAL: 10235/54 Re: Police Investigation Activities Ref: No. AR:3000/X/FCID/ANNEX/ENS/T.C/VOL.1/1 Dated August 31, 2021, which SaharaReporters obtained was signed by Head, Lands Department, Ngwu Chinyere J. for Honourable Commissioner.
The letter reads in parts: “I am directed to refer to the letter No:AR:3000/X/FCID/ANNEX/ENS/T.C/VOL.1/1 of 31st August, 2021 on the above subject and wish to inform you that P/23C is registered in the Ministry of Lands, Enugu.
“That plot is currently registered in the name of HYMAC Real LTD vide Certificate of Occupancy registered as No. 55/55/2020, Enugu. The Town Planning Department in their report also revealed that plot P/23C Independence Layout was never subdivided.
“Find attached Certified True Copies of: Search report showing root title; Building Certificate of the previous holder; Notice of revocation; Intention to revoke Right of Occupancy; Letter of application for allocation of land; Letter of allocation of plot P/23C; Letter of application for Certificate of Occupancy for plot P/23C; Certificate of Occupancy in favour of Hymac Real Ltd and Acceptance letter for the offer of allocation of plot P/23C.”
In contrast, the Attorney General of Enugu State, Chief Miletus Eze in Motion on Notice filed in Suit No. E/658/2021 between: HYMAC REAL LTD and Okey Hyacinth Ayogu (Managing Director) Plaintiffs/Respondents and Nigeria Society of Engineering, Enugu state; Engr. Lady Uchenna Ujam (Chairman Nigerian Society of Engineering, Enugu State); Engr. Dr. Eneh Maxwell (Secretary Nigerian Society of Engineering, Enugu State); Engr Oforbuikem Donatus Udeh; National Union Of Local Government Employees (NULGE) Enugu; Comrade Kenneth Ugwueze (state president NULGE); Barr. Okey Ezeugwu; Persons unknown as number 1 to 8 Defendants/Respondents And Attorney General of Enugu State (party seeking to be joined) as Applicant has told the court that Governor of Enugu State “did not grant any certificate of occupancy over the land in dispute to the plaintiffs (HYMAC REAL LTD and Okey Hyacinth Ayogu (Managing Director).”
The AG further avowed in the court document SaharaReporters obtained, “That the Plaintiffs/Respondents purport to have been allotted the land in dispute and a Certificate of Occupancy issued to them by the Commissioner for Lands, Enugu State.
“That the Governor of Enugu State did not delegate or authorize any officer in his Government to issue any certificate of occupancy in respect of the land in dispute to the plaintiffs.
“That I know as a matter of fact that the Governor of Enugu State delegates his power to issue certificate by prior written authorization which was not done in this case.”
Although, the Attorney General has denied that the governor authorized the issuance of C of O to HYMAC REAL LTD and its Managing Director, the question is on whose authority was the land revoked abinitio and whose authority was the then Commissioner of Land reallocated the land in dispute.
Time shall tell as the parties await the judicial pronouncement on the matter.
When contacted on the discrepancies in the certificate of occupancy issued to two different people on one piece of land, the State Commissioner for Lands and Urban Development, Chidi Aroh, said he would rather not comment on the matter since is in the court.
He said, "Since the matter is in court I won't talk about it. By my training as a lawyer once a matter is in court I am not supposed to make a comment on that; you can better speak to the Attorney General of the State. He is the only one who can speak on a legal matter that is pending in court on behalf of the state. Being the Commissioner for Lands, anything I say will become sub-judices. It will be pre-judicial to the entire matter. However, any decision of the court on this matter, we will certainly abide by it."