It was learnt that the administration of former Governor Ifeanyichukwu Ugwuanyi in 2020 demolished Emejulu's twin duplex house in the state capital as retaliation for the demolition of the airport fence during the execution of state high court judgements that gave him possession of the Airport Layout Phase IV and V.
An Enugu State Magistrate Court has remanded one Mr Jonathan Emejulu, an estate developer accused of demolishing the perimeter fence of the Akanu Ibiam Airport that reportedly encroached into his property.
It was learnt that the administration of former Governor Ifeanyichukwu Ugwuanyi in 2020 demolished Emejulu's twin duplex house in the state capital as retaliation for the demolition of the airport fence during the execution of state high court judgements that gave him possession of the Airport Layout Phase IV and V.
He was later declared a fugitive in the state.
On January 12, after he returned to his property, the state police commissioner, Mr Kanayo Uzuegbu, ordered Emejulu’s arrest.
He was subsequently detained for four days and charged with offences bordering on conspiracy and malicious damage of federal government property.
The police also reportedly confiscated his phones and cars without any court order. They also did not list the seized item in the court document as exhibits.
A court document obtained by SaharaReporters on Saturday shows that the police are prosecuting Emejulu on two counts bordering on willful destruction of public property, an offence which the police say contravenes Section 3(6) and is punishable under Section 1(3) (a) of Miscellaneous Offences Act Cap M17 Laws of the Federation 2004.
The charge filed before an Enugu East Magistrate Court with Charge No: CME/ 14c/2024, is between the Commissioner of Police and Arch. Jude Emejulu and Abdullahi Ibrahim.
The charge partly read: "That you Arch. Jude Emejulu 'm', Abdullahi Ibrahim 'm', and others now at large on the 12th day of January 2024 at about 1015hrs at Akanu-Ibiam International Airport, Oriental Estate Thinkers corner Enugu in Enugu East Magisterial District did conspire among yourselves to commit felony to wit Willful Destruction of public property and thereby committed an offence contrary to Section 3(6) and punishable under Section 1(3) (a) of Miscellaneous Offences Act Cap M17 Laws of the federation 2004
"Count II: That you Arch Jude Emejulu 'm', Abdullahi Ibrahim, and others now at large on the 12th day of January 2024 at about 1015hrs at Akanu-Ibiam International Airport, Oriental Estate Thinkers Corner Enugu in the aforementioned Magisterial District did willfully and unlawfully destroy the perimeter wall fence of Akanu-Ibiam International Airport Enugu, value not yet ascertain, property of Federal Airport Authority of Nigeria (FAAN) and thereby committed an offence punishable under section 1(3)(a) of Miscellaneous Offences Act, Cap M17 Laws of the federation 2004."
After the charge was read to the accused persons, they could not take their pleas because the Magistrate Court had no jurisdiction over the matter, as it was brought under a Federal Miscellaneous Offences Act.
Subsequently, the presiding magistrate ordered that they should be remanded at the Enugu Maximum Correctional Centre and asked the police to file the charge before the Federal High Court which has the jurisdiction to entertain the case.
The magistrate also adjourned the case sine die (with no appointed date for resumption).
However, a court judgement obtained by SaharaReporters shows that Justice J.L.C. Okibe of the Enugu High Court in a suit numbered E/165m/2020 delivered on June 3, 2020, issued an Order of Mandamus on the state Commissioner of Police and all police officers and men to protect the businessman from anybody who will use self-help to deprive him of his rights to enjoy his property.
A police source, who spoke to SaharaReporters on condition of anonymity, accused the state police commissioner of being used by powerful politicians who want to hide behind airport fence demolition to take the man's property.
The source said, "A former police commissioner and over 50 policemen and officers drawn from all formations and units supervised the demolition of fence that encroached into the property during the execution of the Court Judgement that gave the man possession of the property in 2020.
"So, how can the police now turn around to accuse the man of malicious damage to the perimeter fence of the Akanu Ibiam Airport that encroached on his property?”