Save Our Souls, Wike Is Demolishing Our Clients Complex Building – Solicitor Beg Gov. Fubara
Dez Mayorz Report.
in the early hours of Tuesday, 11th June 2024, two Bulldozers led by several unknown Police and Security Personnel who were heavily armed arrived at No. 9, Rumuigbo Street, Old GRA, Port Harcourt, and began to pull down and demolish a big property complex building.
The security men restrained Dez Mayorz News from having access to the building.
Dez Mayorz News gathered that the building was under dispute between United Bank of Africa and three clients of the solicitor(Mr. Patrick Ogbogbo, Charles Owuru, and Christian Owuru), but United Bank for Africa Plc has withdrawn its claims over the property, thus leaving the trio solicitors as the legitimate and bonafide owners of No. 9, Rumuigbo Street, Old GRA, Port Harcourt.
The solicitor have called on the governor of Rivers State, Sir Siminalayi Fubara to save their souls, saying they are appalled by the brazen and reckless use of force to achieve desired results in a society that claims to be democratic and practicing the rule of Law.
The solicitor pleaded with the governor to humbly and respectfully intervene on the matter.
All the efforts to reach the FCT Minister on the development were futile.
Below is the what we gathered from the solicitors:
B. EJEKWU & CO.
(Legal Practitioners)
69, Emekuku Street,
D/Line, Port Harcourt.
P.O. Box 2593
Tel: 07062518847
E-mail: [email protected]
12th June, 2024.
Your Excellency,
The Executive Governor of Rivers State,
Sir Siminalayi Fubara,
Government House,
Port Harcourt.
Your Excellency,
SAVE OUR SOUL IN THE MATTER OF NO. 9, RUMUIGBO STREET, OLD GRA, PORT HARCOURT. IN RE: SUIT NOS:
1. PHC/760/2016
2. PHC/2000/CS/2022
3. PHC/2628/FHR/2023
4. PMC/1067C/2023
We are Solicitors to Mr. Patrick Ogbogbo, Charles Owuru, and Christian Owuru in the above-listed matter.
1.Sometime in 2016, Afriland Properties Limited, a subsidiary of United Bank for Africa Plc instituted Suit No. PHC/760/2016 against our Client, Mr. Patrick Charles Owuru subsequently applied and were joined by the Court as Co-Defendants.
Following our preliminary objection, the Court presided over by Hon. Justice C. K. Dappa-Ado on 13th October 2020 struck out the case.
A Certified True Copy of the Court’s Ruling is attached herewith and marked Annexure A.
2.Again by a Writ of Summons filed on 15th June 2022 by United Bank For Africa Plc and Afriland Plc in Suit No. PHC/2000/CS/2022. Again we applied to have the Landlords, Messrs Charles Owuru and Christian Owuru be joined as Co-Defendants in the suit and this was readily granted by the Court.
3. While the above suit was still pending, the former Governor of Rivers State in the Company of Mr. Alozie A. Nwala, the Permanent Secretary of the Ministry of Lands visited our Clients’ property on the night of …. and His Excellency demanded that Mr. Patrick Ogbogbo, our Clients caretaker resident on the property should vacate same. Mr. Patrick respectfully informed His Excellency that the property was owned by Mr. Charles Owuru and Mr. Christian Owuru, natives of Oroijie Village, and that there was Litigation on the property.
4.By a letter dated 5th January 2022, the said Mr. Alozie A. Nwala wrote a letter addressed to United Bank for Africa Plc but served on our Client, Mr. Patrick Ogbogbo informing the Bank that the Rivers State Government intends to acquire the parcel of land and that they should submit their Claim (if any) for payment of compensation. The said letter is attached herewith and marked Annexure B.
5.Upon receipt of the said letter we promptly forwarded a response dated 21st January 2022 to the former Governor, Nyesom Ezenwo Wike explaining our Clients’ relationship to the property and why the State cannot deal with United Bank For Africa if it intends to “revoke or acquire” the said property. Our said letter to His Excellency dated 21st January 2022 is attached herewith and marked Annexure C. Expectedly, the Government did not respond to our said letter.
6.To the shock and amazement of our Clients, on 1st September 2023, a group of heavily armed Police and Government House Task Force numbering over 40 persons and led by one Irikefe Owen, a Superintended of Police and an alleged enforcer of Mr. Nyesom Wike invaded our Clients’ property, jumped over the fence, beat up the residents and arrested and detained our Client, Mr. Patrick Ogbogbo. Following his detention for two days, he was charged to the Magistrate Court on 18th September 2023.
The laughable charge included that he “unlawfully assaulted one Irikefe Owen ‘M’by pouring water on him and thereby committed an offense….” A copy of the said Charge No. PMC/1067C/2023 is attached herewith and marked Annexure D.
7.For the records, neither the nominal complainant nor any other person ever appeared in Court to prosecute our said Client and after numerous adjournments the case was struck out and the Defendant was discharged on 30th January, 2024.
8.Following the criminal invasion of our Clients’ property we filed an Originating Motion dated 12th December, 2023 against eh Commissioner of Police, Rivers State, Irikefe Owen, and the Attorney General of Rivers State. The Court subsequently joined the United Bank for Africa, Afriland, and Mrs. Uzo Oshogwe.
9.All the parties were served the originating processes. The Police, the Attorney General, and Mr. Irifeke Owen failed or neglected to enter a Defence in the matter. United Bank for Africa, Afrilang, and Mrs. Oshogwe filed a Defence denying any involvement in the violation of our Clients’ guaranteed constitutional rights.
10.The matter was eventually heard by Hon. Justice S. H. Aprioku and he entered Judgment on 30th April 2024 in favor of our Client. A copy of the Judgment Order and the entire Judgment by Hon. Justice S. H. Aprioku are attached herewith and marked Annexures E and F respectively.
11.By a Notice of Withdrawal dated and filed on 10th May 2024, United Bank for Africa Plc and Afriland Properties Plc applied to withdraw their suit and the claims sought therein against all the Defendants. In the absence of opposition, the Hon. Justice Ngbor-Abina struck out the said suit no. PHC/2000/CS/2022 on 15th May, 2024. A copy of the said Notice of Withdrawal and the Ruling of the Honourable Court striking out the said suit are herein attached and marked Annexures G and H respectively.
12.Your Excellency, to the greatest shock and disobedience of our Clients, in the early hours of Tuesday, 11th June 2024, two Bulldozers led by several Police and Security Personnel who were heavily armed arrived at our Clients’ property at No. 9, Rumuigbo Street, Old GRA, Port Harcourt and began to pull down and demolish our Clients property without as much as allowing the tenants therein to remove their goods. The heavily armed men who were in charge of this barbaric operation did not allow our Clients to even take photographs of their operations. Even when our B. Ejekwu Esq. appeared on the scene, they refused to let him into the property and they would not let any of the persons on site speak to him. All that our Clients were able to capture are two blurred pictures of the land with the bulldozers therein. The same is attached herewith and marked Annexures J and K respectively.
13.Your Excellency, Sir, permit us to state categorically that as Attorneys, we are appalled by this brazen and reckless use of force to achieve desired results in a society that claims to be democratic and practicing the rule of Law. This conduct is reckless and reduces our clear State to the lawless State of nature where might is right.
14.Sir, we most humbly and respectfully urge you to quickly intervene in this matter by calling the former Governor and his cohorts to order. Mr. Alozie Nwala, your Permanent Secretary has declared to us that your Government had issued a Certificate of Occupancy to a third party over our Clients’ property. The said Mr. Alozie Nwala has refused to disclose the person(s) who was issued a Certificate of Occupancy over our Clients’ property.
15. As we have shown in paragraph …. above, the Rivers State Government had asked United Bank for Africa Plc to submit its Claims for payment of compensation.
Again as we have clearly shown in paragraph ….. above, United Bank for Africa Plc has withdrawn its Claims over the property, thus leaving our Clients as the legitimate and bonafide owners of No. 9, Rumuigbo Street, Old GRA, Port Harcourt.
16.In the premises we pray your Excellency to act expeditiously to rescue our Clients from this barbaric and unlawful use of force by your predecessor in office.
Sir, please accept the utmost regard of our Clients who are humble citizens as we look forward to your prompt response.
Yours faithfully,
B. Ejekwu Esq.
Solicitor.
– End of the information.
Stephen Wobo.
Dez Mayorz Report.
12/06/2024.
