We are not challenging Umahi’s dev’t efforts, traders tell court
Traders
By Douglas Okoro
Abakaliki, June 20, 2019 (NAN) Traders at the Abakaliki Regional Market on Thursday told an Abakaliki High Court that they were not in court to challenge the developmental efforts of Gov Dave Umahi of Ebonyi.
The traders said that they are challenging the alleged unlawful process adopted by the state government in issuing the revocation order to owners of stalls and buildings in the market.
Mr Ikechukwu Nwabo, former commissioner for Special Projects, had in a letter dated Feb. 13, asked the traders to vacate the market before March 25.
The Abakaliki Regional Market is housing the Abakaliki Building and Aluminium Materials markets located along the Abakaliki/Afikpo road.
The traders, Messrs Chibogu Nwite, Fredrick Odanwu, Dennis Osuachala, Beneth Nwosu and others who are plaintiffs in the matter in suit no. HAB/43/2019, sued the Ebonyi government on behalf of themselves and other concerned traders in the market.
The plaintiffs, who are traders at the building materials section of the regional market, are challenging the government’s revocation of Certificates of Occupancy order issued to shop owners in the market.
According to the plaintiffs, the order violated their rights to occupancy of the said parcels or plots of land they are occupying after legally acquiring them.
Mr Anthony Ani (SAN), counsel to the plaintiffs, told the court while submitting his written address that the petioners were in court to challenge the process and procedure employed by government and its agents.
He alleged that the process aimed to unlawfully eject the traders from their property in the regional market.
Ani said the construction and maintenance of markets were the exclusive competence of local government areas.
Ani, who cited relevant sections of the 1999 constitution as amended and other legal authorities, therefore urged the court to grant the reliefs as contained in the final written address as the plaintiffs final request.
He said: “The plaintiffs are not in any material particular opposed to the developmental efforts or goals of the state government led by Umahi or his constituted authorities. The plaintiffs are only insisting that the rule of law be followed,” Ani said.
Meanwhile, Mr Paul Awada, counsel to the state government and director, Civil Litigation in his written address, urged the court to discountenance the reliefs sought by the plaintiffs and award judgement in favour of the state government.
Awada told the court that the regional market falls within the Abakaliki Capital Territory (ACT).
He said that the Abakaliki Local Government Area ceased to have title on the property allegedly leased to the plaintiffs upon the coming into effect of Abakaliki Capital Territory Development Board law.
“My Lord, we urge the court to adopt all the prayers contained in our written address as our final submission and request and I urge my lord to dismiss the plaintiffs claims and to resolve the matter in favour of the state government,” Awada said.
Justice Vincent Nwancho, the Presiding Judge after listening to the submissions of both counsel, adjourned to July 15 for judgement.
The suit filed on April 3, against Ebonyi government was seeking to stop government from forcefully evicting the traders at the building materials section from the market.
The Umahi administration under the urban renewal programme is seeking to relocate Abakaliki regional market to the International Market, Abakaliki. (NAN)
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