SaharaReporters learnt that the sudden eviction on Monday left 234 residents in a state of distress and uncertainty.
Residents of Lake Gerio in Jambutu Ward, Adamawa State are facing uncertainty and confusion after Justice Shehu Mustapha, the Judge of Upper Area Court No.1 in Yola, ordered their eviction, resulting in the destruction of their homes and displacement of their families.
SaharaReporters learnt that the sudden eviction on Monday left 234 residents in a state of distress and uncertainty.
The eviction and demolition of their houses and properties worth hundreds of millions of naira were carried out on the basis of an ex parte order granted by Justice Mustapha to Adamawa Emirate Council, dated April 29, 2024 without putting the residents on notice.
The ex parte order in Suit No. UACIY/CV/F1/52/2024 is between
Adamawa Emirate Council as the Applicant and Unknown Persons as the Respondent.
The order reads: "Upon hearing the learned senior counsel, AA Tahir Esq for the Applicant and studies all process. I am convinced that the application has merit, it is accordingly granted as prayed. I so ordered as follows:
"The Unknown Persons in illegal occupation of the land belonging to Adamawa Emirate Council at bank of Lake Gerio are ordered to vacate the land on or before 13-05-2024.
"The Unknown Persons are ordered not to uproot any plant or remove economic trees on the area in contention. Matter is adjourned to 6-5-2024 for hearing of the Motion on Notice."
However, residents on June 19, 2024 petitioned the Chief Justice of the state against Justice Mustapha, accusing him of bias and obvious personal interest.
Titled "Complaint Against Hon. Shehu Mustapha, The Judge Of Upper Area Court No. 1. Yola," and signed by Ali Ibrahim, the residents called on the Chief Judge for urgent intervention.
They claimed that they were not giving a fair hearing, adding that "the reasons for this petition are not farfetched. First and foremost, the Honourable Judge, on the 29th April, 2024 made an interim order that unknown persons who are occupying the disputed land should vacate same. The Judge described us in the interim order as illegal occupants.
"We were not accorded fair hearing before the order was made. None of the 234 residents/occupants of the land, the subject matter of dispute were served with the particulars of the case, motion on notice for interlocutory injunction or any access in this case.
"Besides, the land, the subject matter of dispute in the case is situate and lying in Lake Gerio, Jambutu Ward, Jimeta Yola, Adamawa State, an area designated as urban area."
The petition further reads: "When the order was made and we refused to vacate the land. The Hon. Judge arrested two of our elders, who are occupants of the disputed land by the names Muhammed Ibrahim (85 years old) and Ali Muhammed (83 years old) and detained at Yolde Parte's Correction Centre.
"The two occupants were made to write an undertaking under duress on the 27th of May, 2024, indicating that they and the 234 persons occupying the disputed land will vacate the disputed land immediately after being released from Yolde Parte's Correction Centre.
"It must be noted that this is a civil case. The undertaking dated 27th May, 2024 is attached to this letter for your perusal.
"Upon issuing the interim order, the Hon. Judge applied to the Commissioner of Police, Adamawa State for request for Police assistance in executing the order. The application is attached to this letter.
"Based on the palpable threats emanating from the Judge, we engaged the law firm of Desmond S. Adebole & Co to defend us in the case. Our counsel filed a motion on notice challenging the jurisdiction of the Court to hear and determine the case. A copy of the motion is attached to this letter."
"In the face of this motion, the Judge is still issuing threats to us that we must vacate the land else we will be arrested.
"It is on this note we are imploring you to use your good office to rescue us from the fangs of the Judge. The population of the entire people on the land including our family members are more than a thousand.
"The Judge is totally biased and we have lost confidence in him. We want this case to be assigned to another Judge."
In response to the community's petition, the Chief Judge, through the Chief Registrar, issued a letter directing Justice Shehu Mustapha to halt all actions related to the case pending further instructions.
The letter, referenced CI/ADS/10/VOLIX/226 and dated June 21, 2024, was signed by Ayuba Musa on behalf of the Chief Registrar and titled "Re: Complaint Against Hon. Shehu Mustapha, Judge of Upper Area Court No.1, Yola".
This move comes following the community's outcry against Justice Mustapha's handling of the case.
The letter which was obtained by SaharaReporters on Monday evening partly reads: "I am directed to write and forward herewith the attached copy of complaint for your comments on the issues raise therein to enable the Chief Registrar dispose the complaint.
"Meanwhile, you are directed to stay action on the case pending the receipt of your comments and further directives from the Chief Registrar's office, please."
However, despite the directive of the Chief Judge, Justice Mustapha, on Monday in utter disregard of the directive ordered the police and all the security agencies to enforce the order.
The residents had also through their Counsel, Mr Desmond Adebole, filed a Motion on Notice challenging the court's jurisdiction and the legality of the eviction order.
The suit filed on May 31, 2024 before the court with Ali Ibrahim as Applicant, suing for himself and on behalf of the 234 occupants/residents of Lake Gerio, Jambutu Ward is still pending before Justice Mustapha, and has not been determined.
In the Suit No: UACIY/CV/F1/52/2024, which has Adamana Emirate Council Plaintiff/Respondent and Unknown Persons as Respondent, was brought pursuant to Section 6(6) (B) of the 1999 Constitution (as amended) and the inherent jurisdiction of the court.
The Applicant sought among others reliefs - "An order of this honourable court striking out this case for want of jurisdiction as this Court lacks the vires to entertain same.
"AN order of this honourable court vacating the interim order made in this case on the 29th of April, 2024 which is attached to the affidavit in support of this application and marked as Exhibit A.
"An Order of this honourable Court declaring null and void the undertaking made under duress on the 27th of May. 2024 by Muhammed Ibrahim (85 years old) and Ali Muhammed (83 years old) on behalf of the Applicant and the 234 persons occupying the disputed land indicating that they will vacate the disputed land immediately after being detained and released from Yolde Parte's Correction Centre.
"Any further or other orders as the court may deem fit to make in the circumstance."
Speaking to SaharaReporters, Desmond Adebole faulted the demolition, noting that he was told when he got to the community, that the demolition came as a result of an "order from above".
He faulted the use of an ex parte order to evict and demolish buildings in the community, without hearing them.
He said, "Ex parte order is always to preserve the subject matter in dispute. If there's any subject matter of dispute like perishable goods or somebody is threatening to demolish your house, you go and get ex parte order to preserve that particular thing. But now the reverse is the case, they turned it against my client.
"The judge is an interested person in this matter. You have seen the order - in the order he declared them as illegal occupants. He drew the ex parte order to vacate without even hearing them."