By Ogazi Igbonekwu Ogazimorah Esq.
Reactions
to the demolition of over 200 ongoing structures in the Centenary City by the
Enugu Capital Territory Development Authority, ECTDA, on January 19, 2024 were
deafening. It generated intense social media frenzy and caused the rise of
debates across.
This writer reacted in writing to some of the entries
in social media platforms. Calls came for deeper insight into what has become
the unending demolitions and waste of resources. More pathetic are the cases of
simple, humble home seekers who invest the little they have only for the
structures to be knocked down. In many cases, they were not in violation of any
building or districting rule, but are caught in the vicious fight between land
grabbers and their friends in government. In some cases they are victims of
usual tussles for leadership of town unions in some heady communities.
More
embarrassing are cases of people coming to Enugu in response to the call,
‘Ndigbo to think home’, only to have
their life savings demolished in inexplicable land tussles among actors.
This
reporter decided to find out.
PART ONE REPORT
THE ISSUES
The
idea of acquiring the Obeagu/Amechi Awkunanaw lands for overriding public
interest started in 1980, by the government of Chief Jim Nwobodo. The
charismatic and then dashing young governor had planned out the establishment
of a University of Science and Technology, UNITECH, and had decided to locate
it within his Awhunanaw clan. His is from Amechi Awkunanaw.
Obeagu
and the adjoining Awkunanaw communities were overjoyed.
But
Nwobodo was in a hurry. He procured the premises of the popular Institute of
Management and Technology, IMT, at the plush Independence Layout, Enugu, as a
temporary site to start the university, even as he the continued discussions
with the Obeagu-Awkunanaw communities on designating a 318-hectare area of their
lands as the proposed permanent site of the University.
The
communities readily agreed in principle, especially motivated by the
possibilities of rapid development of their area if a university would be
located on their soil. And for that matter, a University of Science and
Technology, UNITECH, being the first in Nigeria after the one set in Port
Harcourt in 1967 by the administration General Odumegwu Ojukwu of defunct
Biafran, was quickly scuttled by the General Yakubu Gowon government after the
war.
In
that age of undiluted trust, confidence and relaxed approach to governance, the
areas were merely marked and only verbal exchanges were leisurely put across in
preparation for a memorandum of understanding, MOU, between the Obeagu-Awkunanaw
community/ies and the Government of old Anambra State. Nothing had been put on
paper.
Nwobodo
had promised, and the people had hoped, that if he was reelected for second
tenure as governor, the final arrangements for transfer of the 318-hectare
land, payment of compensations, evacuation of crops and economic trees and
actual construction of the university were going to assume speeded trajectory.
They
were mistaken, as Nwobodo was also mistaken. He lost the 1983 election, despite
being very popular and having performed very well in his first tenure. He lost
and his successor in office, Chief CC Onoh, barely settled in office when he
was removed in a nationwide military putsch 88 days later. The first military administrator, Allison
Madueke, left office in August of 1985 when General Ibrahim Babangida,
overthrew General Muhammed Buhari at the centre. That was just about the 20th
month in the life span of the government. Madueke never did a jack in the
proposed permanent site at Obeagu-Amechi-Awkunanaw.
Successive
State administrations came and departed and nothing was added, nothing was heard
of and no further propositions were made of the permanent site of ASUTECH as it
was soon renamed afterwards. Indeed, rather than consider a permanent site for
the university, the successive administrations embarked on multiplication of
the campuses of the University. One was in Awka, the other in Abakaliki and the
teaching hospital was moved to Nene, the home town of then military governor,
Col. Bob Akonobi. When Anambra was split, the Okweislieze Nwodo administration
created the Nsukka (Adada) campus. Nobody gave any serious thought to any
permanent site again.
Successive
generations of graduates passed out from the University without even knowing
that their revered institution was a tenant on the premises of the State
polytechnic.
Naturally,
the communities continued their usual farming activities on the land. Fish
ponds, chicken poultry, piggeries, goat pens, vegetable farms, cassava farms,
etc, continued to dominate the landscape of the banks of the Ngene Ogwe stream
and the Odeje Lake.
THE PRIZE FLIES AWAY
The
introduction of the Chimaroke Nnamani administration in 1999 was to mark an end
to any government interest on the land. Sources close to the community revealed
to this reporter that Nnamani initially asked to be briefed on the possibility
of reviving the project on the same land, but he was not happy with the demands
put across by the various communities. One strong political leader said to be
from one of the adjoin communities was revealed to be more stringent in his
demands. Nnamani was pissed and headed to the communities adjoining his native Agbani
community. So, Agbani, Amurri, Obe and Umueze communities quickly made the
provisions for land and work for the erection of the permanent was commenced in
2004. Nnamani’s drive was an instant success. Academic activities commenced on
the permanent site, now called Ebeano City, in 2006. The idea of a university
in Obeagu became as dead as dodo, and the community/ies continued their
traditional and modern economic usages and activities on their lands.
NEW STRANGE SIGHTINGS
The
repeated sighting of helicopters and drones above the skies of Obeagu and
Amechi Awkunanaw heightened in early 2008, that being the first year in office
of Governor Sullivan Chime. The communities began to suspect, and soon
commenced enquiries.
The
first hint of newer interest in the lands came with reports of the new
administration planning a new township to commemorate the centenary of founding
of Coal and commencement of urban development in Enugu by the colonial
government. Coal, already in use by the locals who called it ‘ukwaka oji,’ as
against ‘ukwaka ocha,’ (calabash chalk), was to assume commercial export value
and a new township and city administration were necessary for colonial
expansion.
The
President General of Obeagu Community, Chief Andy Egbo said that the various
Awkunanaw communities, Enugu-Ngwo, the Nike clan, etc., had already contributed
so immensely for the development of the new town, having yielded the areas that
are now Ogui Township, Ogui New Layout, Ogbete, GRA, Uwani Independence Layout,
Emene, Abakpa, Asata, New Haven, etc. Abor and Ukana have joined in
contribution of swaths of land forming Trans Ekulu extension. “We have lost
lands, and we are still losing…so, this time around, provisions must be made
for our coming generations to have where they can call a home,” he said. He
added that if in the wisdom of government their lands were desired, such would
be provided on mutually agreed and beneficial terms.
According
to Egbo, “when we started seeing those helicopters and drones, we started
asking. And it was discovered that government interest had returned to the same
land initially reserved for building of the permanent site of UNITECH. We
waited, believing that after flying high in the sky, the people in the helicopters
and drones would come down and discuss with us.”
They,
he said with horror, were mistaken.
Government
never came to them, and soon they started hearing that government had planned
to use the area initially mapped out as UNITECH/ASUTECH/ESUT permanent site to
raise the planned new town. “The Community continued to wait patiently,
believing that the governor, Sullivan Chime, being a lawyer, knew what was
right and would approach the community in due course.
Again,
they were mistaken.
THE HORROR BEGINS
The
Chime administration had, on May 18, 2009, quickly and secretly entered into an
agreement for ‘cession of the former ESUT permanent site to a personal company
named Private Estates International West Africa Limited, PEIWA.’ Its operational
offices were said to be in Lagos and South Africa. Dr. Festus Uzor, as
Commissioner for Lands and Housing Development, along with a certain Mazi
Ndubisi Eneh, signed for the government. A certain Mr. Kingsley Eze, said to be
the managing director and chief executive officer of the private company signed
for PEIWA and his signature was witnessed by a certain Okore Stanley.
“This
was shocking to us,” the elders yelled to this reporter, in unison. “Obeagu
community was neither invited nor represented in the discussions leading to the
agreement in ceding of the lands.”
To
drive its claim, the private company, PEIWA was said to have procured an official gazette of Anambra State of Nigeria
dated March 27th 1986, purporting to have alienated the lands to
the government for the establishment of the permanent site of ASUTECH. The
authorization of the Gazette was said
to be by Navy Captain Allison Madueke who, unbeknown to whoever issued that
gazette, had, since August 1985, been removed as the military governor of Enugu
State. That was not all there was in the huge trouble created. Obeagu community
leaders yelled at this reporter, “rather than the planned 318 hectares of land
as promised to the then Governor Nwobodo by Obeagu Community, the size now
trebled to 1, 097 hectares.”
Naturally,
“Obeagu and Amechi,” Egbo said, “were horrified…and soon began to enquire about
the ceding of such outrageous size of lands, to a private business man, to make
his own money, leave nothing for the community and laugh at us as if we are
foreigners on our land.”
They
soon found out that the captured areas had extended into their homes. “The home
of the traditional ruler of Obeagu, Igwe Mike Nnukwu; the personal home of one Honourable
Paul Ogbe, former member of the Enugu State House of Assembly; his farm, among
others; and many other homes, were now included as areas being conceded the
private developer, PEIWA.” The community also learnt that no single word was
mentioned about reaching a memorandum of understanding, MOU, with the
communities. Same way, no word about compensation for unexpired assets and
development on the lands. And to worsen matters, the cession was not done “for
overriding public interest.”
“Sullivan
Chime and Festus Uzor just entered into this agreement as if we were not in
existence. They discussed what would be of benefit to them…on our land and
think that it will stand. Never!” Egbo yelled.
GAZETTE? WHICH GAZETTE?
Since
the mention of a gazette, the people had been asking around what they meant by
parading a gazette said to be made in 1986 but which only surfacing now.
Attorneys at law who would not want to be drawn into discussions of the
development since it is subjudice pointed this reporter to some case laws
establishing how notifications for revocation could be carried out. Being a
lawyer, also, this reporter will not like to go into the details yet.
Of
course, there have been some curious features on the Gazette, which leaders of the Obeagu community pointed out.
i.
It
was claimed to be made by Navy Captain Allison Madueke, whereas the military
governor had departed the old Anambra State in August 1985 and couldn’t have
authored or authorized the issuance of a Gazette in 1986. Former Governor
Nwobodo had taken half a page in the Vanguard newspaper of Wednesday, March 4,
2020, to condemn and denounce the Gazette as “unreal and invalid.”
ii.
The
Gazette covered the revocation of 1,097 hectares whereas the Community/ies as
confirmed by the former governor, had been in talks with the Nwobodo
administration on a mere 318 hectares.
iii.
The
Plan number, EN(A)594 is believed by the Obeagu people to be unreal. They
believed that if it was genuine, it would have been prefixed ‘AN’ (Anambra)
instead of ‘EN’ (Enugu).
iv.
Enugu
State came into existence in 1991, and the use of ‘EN’ had started therefrom.
v.
The
said Gazette was not known to be in
existence anywhere in Enugu State and if it was made in 1986, it never came to
notice of any known Obeagu or Amechi or Nkanu man, many of whom worked in the
Government Printing Press.
vi.
Indeed,
the copy which the developer attached in most of its transactions was a
certified true copy obtained on July 3, 2009 from the Government Printer.
vii.
Revocation
of land as provided in law, Obeagu community argues, could not have been by
publishing in a gazette but by proper prior notice, in writing and delivery of
such notification to the person suffering revocation. None of these happened
from 1986 to 2009, 23 years after the purported publication in a gazette. The
community even anchored their argument in a case law on the “proper notice of
revocation” as per Mohammed JSC.
viii.
The
Government Committee report also shows a retinue of case laws that indicate
that the Gazette, if not unreal and invalid, must fail.
THE AVALANCHE BROKE
Obeagu
community now felt that it had had enough of the antics of the private business
men whom they strongly believe were fronts for persons in the Chime
administration. Under the aegis of Obeagu Welfare Association, they drew strong
protest letters to various leaders, local government, State government and
specifically to Governor Ifeanyi Ugwuanyi. Their demands were poignant.
i.
Recognition
of the community’s willingness to partner with only the government in the
development of Enugu State, especially with regards to their lands.
ii.
Rejection
of any manipulation to railroad them into deals with so called private estate investors
not coming directly to them.
iii.
Restriction
of discussions, proposed development and public interest projects on the
original 318 hectares as already designed in principle with the government of
Jim Nwobodo, of course with clearly designed and implemented compensation plans.
iv.
Payment
of due compensation and fair price for their lands if proper negotiation can
take place on the 318 hectares, only.
v.
Immediate
halt to security harassments inflicted on the natives in their farms, village
paths and homes, and,
vi.
Lifting
of the blockade against their people’s access to the Enugu/PH expressway
through their erstwhile traditional pathways now forcefully included in the
Centenary City.”
The
traditional ruler, Igwe Mike Nnukwu and the President General, Chief Hon. Andy
Egbo, along with six others signed the demand.
Litigation
fireworks also commenced in all quarters. The government was inundated with
tons of petitions from adjoining communities. The developer continued in his
drive, using soldiers, police men, civil defence, secret police and any available
operative to chase, beat, punish and harass members of the Community.
In a
move, seemingly to douse the tension generated so far, the Enugu State
Governor, Ifeanyi Ugwuanyi, in 2018, first, revoked the certificate of
occupancy issued to PEIWA by the Chime administration. He followed this with
setting of an Executive Council Committee, headed by Dr. Peter Chigozie
Okonkwo. Other members were Dr. Festus Uzor, Barrister Chidi Aroh, Hon. Solomon
Onah, Hon. Aloysius Sunday Ogbodo and Surv. Godwin Ishiwu, who was then the Acting
Surveyor General of Enugu State.
The
mandate was to investigate the “Festering feud between Obeagu Community &
Private Estate International West African Ltd (a.k.a Centenary City).”
STRIKING and STINKING REVELATIONS
When
the committee invited the parties to make their representations, the cats were
let out of the bag:
i.
1,097
hectares of Obeagu land were ceded to Private Estates International West
Africa, PEIWA, at the paltry sum of five hundred Naira (N500. 00) per square
metre, payable to the government of Enugu State.
ii.
Developer/PEIWA had been selling the plots at
between N25million and N35million. Staggering profit and not even peanuts for
the Obeagu Community.
iii.
Building
Certificate of Occupancy was issued to the PEIWA in November 2009, by the Chime
administration.
iv.
Ground
rent was fixed at N33 million, for 2009, but it was waived for the benefit of
the PEIWA by the Chime administration. It is not clear if it has remained
waived in subsequent years, but there has been no indication that it is being
paid to government.
v.
The
business transaction, as captured in Article 2.2 of the New Township
Development Agreement between government and PEIWA was stated as no-partnership
‘whatsoever’ between the government of Enugu State and the PEIWA, and so every
profit made remains the property of the private company.
vi.
In
Article 3.1.2 under financial provisions, ‘every payment of land price to
government by developer shall be in installments and shall be postponed to the
time of sale of Estate Sites in the Township’ by PEIWA.
vii.
The
private company had obtained a loan of N2billion from the Diamond Bank Plc., to
finance the Centenary City.
viii.
Leaders
of Obeagu strongly believe that the loan had grown in huge interest charges to over
N7billion and that the private estate company, in connivance with elements of
the then Chime government, used the Obeagu-Awkunanaw ancestral lands as
collateral for a loan the community knew nothing about.
ix.
In
one of the memos made to the Committee by PEIWA, they admitted that Diamond
Bank was in possession of all the documents on the transactions, and had taken
charge of sales on the land.
x.
Leaders
of Obeagu Community strongly believe that the Asset Management Corporation of
Nigeria, AMCON, which had raised issues with the poorly performing loans by Diamond
Bank would swoop on the Community lands, to sell them off to recoup the public
money borrowed by PEIWA.
xi.
They
never ceased from screaming to high heavens that their lands could not be used
for collateral by people who had no stake whatsoever.
SUCCOUR FLIES AWAY
Obeagu
Community, as other stakeholders, believed that succor was on the way in the
manner the EXCO Committee approached the task. It was with zeal, precision,
dedication, forthrightness and candour.
In
the “background facts” in its un-released/unpublished “final report”, it stated,
“compulsory acquisition of land for overriding public interest was the
intendment of the planned discussions with the people of Obeagu-Awkunanaw by
the Jim Nwobodo administration,” but we must note that it was for “overriding
public interest.” That is one striking reference to the motive of PEIWA and
those who backed it – the difference between public interest and private profit
motive must be established.
Yes,
land for building of the permanent site of a public university is certainly of
public interest, Egbo of Obeagu Community agreed. But can such compulsory
acquisition for the benefit of a private company whose primary motive is
personal profit qualify as representing “overriding public interest? he
queried,” and many echoed, “no.”
They
also ask, at what point did the mere expression of willingness to cede 318
hectares to the government of Jim Nwobodo quickly translate to secret cession
of 1,097 hectares of their land to a private company, to make profit for itself
and leave the entire community to squeeze into the few remainder land areas?
At
the end of their sittings, the Committee made strong and clear-head
recommendations to government. It first admitted that “taking away a whopping
1,097 hectares of ancestral land from one community will amount to obliterating
the entire networth of such community.”
In
the passionate appeal for its recommendations to be taken seriously, the
Committee Chairman, Okonkwo, pleaded, “I invite all of us to listen to the
inner recesses of our conscience, think and reflect if this commercial and
forceful takeover is happening in our village backyard, how ‘we will’ react to
it”
The
EXCO Committe now proceeded to its 7-point recommendations.
1.
Obeagu
Community should concede the original 318 hectares of this land to Private
Estates International West Africa Ltd under a negotiated compensation to be
paid by the Company to the Obeagu Community.
2.
PEIWA
should apply for a fresh certificate of occupancy from the government to cover
the area of 318 hectares of land at Obeagu, since the government had revoked
its earlier certificate occupancy issued in 2009.
3.
Government
should grant waiver of premium payment to PEIWA over 318 hectares since the now
revoked C-of-O was actually defective.
4.
Government
should promptly receive the sum of N149million owed by PEIWA. (An indication of
the possibility that the private company had not been paying the original
premium and ground rent to the government).
5.
Government
should interface with both Parties (Obeagu and PEIWA) and extract assurances of
compliances with the recommendations.
6.
Government
and PEIWA should reassess the peanut provision of N500.00 per square metre as
benefit accruing to Enugu State under the New Township Development Agreement,
with a view to increasing it upwardly to a decent level that can sustain this
partnership, and,
7.
Government
should use all its apparatus to chase away from the land any Party that disagrees
with the settlement of this matter.
These
were to be grand succor to the beleaguered Obeagu Community and other
stakeholders. People who had access to this or who got a wind of it, waited in
nerve shattering silence.
But
guess what?
The
Report was arrested.
It
was never officially released to public and copies available are only glimpsed
at in the homes of some connected political leaders in Enugu State.
PEIWA,
which the Community believes had agents in the government, went to court
against the government. Obeagu community applied for joinder and it was
granted. Again, issues were joined, about the third case involving the Obeagu
community alone. .
And
although the Obeagu Community was disappointed that the Committee report was
not allowed to see the light of the day, it still strongly believed that the
Governor, Ugwuanyi, was going to be fair and just to them.
Soon,
they said they learnt, they were no longer sure of who to trust.
VOLTE-FACE
In a
curious twist, the government did a strange and shocking about-turn and went
into out-of-court settlement with PEIWA, in which no mention of Obeagu and its
interests were made. And this was after the application for joinder was granted
to Obeagu and other interested parties. The Consent Judgment that followed was
like a thunderbolt, “indeed a cruel betrayal and act of cowardice” by the
government, they yelled at this reporter. Watchers of the ensuing dispute were
shocked. Obeagu community, dazed and furious, quickly challenged the consent judgment
as not binding on it and of no effect in matters relating to their lands. The
matter is still pending in court.
Till
date, nobody can tell what led to the volt face by the government. So many
unconfirmed claims are flying around. Some of them actually cut deep into
conscience, greed and primitive accumulation. But there are yet no solid pointers
to anchor the claims on. If they are not mere speculations, they may be
available as the fireworks intensify in the future.
ECTDA ENTERS THE RING
Friday,
January, 2024, the Enugu Capital Territory Development Authority, ECTDA,
stormed the Centenary with its demolition machines. Of course, if you know
ECTDA and the other city demolishers, you would connect with the tales of woe,
gnashing of teeth and threats of suicide by individual home and business
owners. The bulldozers or were they the drivers were merciless. Anger took the
waves.
Chairman
of ECTDA, Barrister Uche Anya, was stalwart in his response to public condemnation
of the demolitions. “ECTDA will continue to protect investors in Enugu,” he
said in a press statement. To this assertion, the people of Obeagu, through
their P.G retorted, “forceful takeover of our lands cannot mean investment.”
The Community
believed that ECTDA, which was aware of the legal fireworks in the lands, was
only hired for the ‘unholy’ job. And Egbo was certain that the Governor, Peter
Mbah, had no hand in it. “We have fully briefed His Excellency on the land. We
believe that he will not stand by or be a part of this mindless oppression of
our people,” he said.
Another
community leader said that he had it on good authority that Mbah had stated
that he was only interested in the New Enugu Development Project which is a
planned eastward expansion of the metropolis, and not the Centenary City.
If
they were right, it now becomes a wonder why ECTDA got into it. Obeagu leaders
believe that it was “a paid job. Buildings erected on plots allocated by the
Communities were targeted and demolished while those built on lands allocated
by PEIWA were not touched,” they said, in frustration and anger.
“Members
of our community have been denied of going to the farms. They can’t go the
streams to fetch water. And this time, it is not the Fulani who chase people
away from farms, but so called estate developers who used Sullivan Chime and
his Commissioner, Festus Uzor, to attempt to forcefully take over our land.
Soldiers, Policemen, Civil Defence, all manner of security operatives are used
by this so called developer to chase, beat, detain and punish our people. They
force old women to roll on mud. They force our men and women to frog-jump in
the farms, streams and on the village paths. They behave like an occupation force.
We are in hell.”
On
Thursday, January 25, 2024, an Enugu High Court granted the plea of the
Communities for an injunction restraining ECTDA or its agents and associates from
further demolitions.
January
26, a group named Concerned Kindred Families of Amechi Uwani, led by Richard
Nnabuchi Nnamani (Onodugo) published its message of condemnation of the
demolition of people’s structures, reminding ECTDA that the matters were still
pending in court. They also denounced every of the documents of claim by PEIWA,
calling them manipulations to dispossess their people.
The
fireworks is gathering momentum, again.
This
reporter made unsuccessful efforts to contact the private investor and
government. No member of the past administration’s EXCO Committee agreed to be
quoted, “for now” only.
Ogazimorah,
an experienced Lagos journalist and lawyer, was Chief Press Secretary to
Governor Chimaroke Nnamani. Serving later as the Commissioner for Information
Strategies, Culture and Tourism.