By Abasi Ita, Calabar
A former Calabar Municipal Chairman, Ntufam Donatus Etim alongside two others have sued Cross River state Governor, Bassey Otu, and the Nkonib community (Ikot Ansa) Qua over the Summit Hills land in Calabar Municipality.
Ntufam Donatus Etim, Messers Ntoe Lawrence Nyong, Ntufam Maurice Omin Iso (for themselves and on behalf of Nkonib,Ikot Ansa Qua Clan as claimants, had sued Governor of Cross River State, Attorney General and Commissioner for Justice, Commissioner for lands and the clan head of the area where the claimants hails from Ntoe Paul Asim Ita (as defendants) for handing over 23 hectres of Summit Hills Prime dry upland excised and released to them as representatives of Nkanib (Ikot Ansa) to their Clan head, Ntoe Paul Assim Ita II.
The claimants, among other reliefs in Suit No. HC/86/2024 are praying the court to declare null and void and setting aside the agreement reached at the meeting of April 4, 2024 ceding the same 23 hectres to Ntoe Paul Assim Ita II as representative of Nkonib Ikot Ansa Quo clan who is the custodian of the ancestral land.
Recall that Cross River state government in 2012 had acquired 369, 579 hectares of land for the purpose of Calabar International Convention Centre CICC,, golf course, Hotels, International Hospitals and residential estates but the transaction has been enmeshed in litigations
In Suit No. HC/314/2021filed on behalf of the community to compel government to fulfil its own part of agreement after acquiring the land as compensation.But government later release about 29 hectares of the acquired land to the Ikot Ansa, Qua Clan in 2019 in lieu of monetary compensation.
Not satisfied by the release of about 29 hectares, which they described as swamp, Ntoe Lawrence Nyong, Ntufam Maurice Omin Iso and Ntufam Donatus Etim (claimants) on behalf of Nkonib Ikot Ansa Clan,instituted a case via Suit No.HC/314/2021 against government of Cross River State, the Attorney General, Commissioner For Lands, Summit Hills Estate Development Services Ltd, FaithPlant Global International Services Ltd and Incorporated Trustees of Roaches Foundation as defendants.
In a consent judgment delivered by Justice Ebuta in 2022, the court ruled among others “that the state government shall release 23 hectares of prime dry upland and the 23 hectares is independent of the 29 hectares of swam and ravine land earlier released bringing to the total to 52,864 hectares acquired by the claimants and “that state government shall provide infrastructures on the 52.846 hectares of land released to the claimants community.”
The Court further ruled that “all private allottee of any portion of the 326.715 hectares of land remaining shall be sub-tenants of the claimants’ community at the rate of N1000 per square meter yearly and renewable every year from January 1, 2022, which royalty shall be reviewed 100 percent every ten years.”
Following the judgment, the government in a public notice published in Nigerian Chronicle of Wednesday, April 10, 2024 on page 15 and signed by the commissioner for lands, Chief Francis Ekpenyong, captured the formal handing b over the land to the Nkonib Ikot Ansa Qua Clan.
The public notice read in part: “This is to inform the general public, particularly the Nkonib Ikot Ansa Qua Clan, that the following parcels of land at the Summit Hills Estate Limited with 12.110 hectares plan no CR/C 1187 and 9.074 plan no CR/C1187 have been ceded to the Nkonib Ikot Ansa Qua Clan, Calabar Municipality under the leadership of His Royal Highness Ntoe Paul Asim Ita and the Ntoe-In-Council based on the agreement reached on the 4th of April 2024 between Commissioner for Lands, the Attorney-General/Commissioner for Justice both representing Government of Cross River State and the Nkonib Ikot Ansa Qua Clan in the Attorney- General/Commissioner for Justice’s Office.”
In further compliance with the court judgment, in a letter titled “C’ River State Government Complies with Land Settlement Agreement Following Court Decision” states, “the Attorney-General and Commissioner for Justice of Cross River State, Ededem C. Ani, has formally submitted survey plans to the Clan Head of Nkonib Ikot Ansa Qua Clan, HRH. Ntoe paul Assim Ita II in compliance with a court-mandated land settlement agreement.
“In a letter dated April 4, 2024, addressed to the Clan Head, Ani referenced a settlement reached in Suit No. HC/314/2021, involving Ntoe Lawrence Nyong Akiba & 7 Ors v. The Governor of Cross River State of Nigeria & 5 Ors. According to the terms of the settlement, the Cross River State government agreed to release 23 hectares of land to the claimants.
“The submitted survey plans, identified as CR/C/1187 with Tracing No. CRC.2881 and CR/C/1187 with Tracing No. CRC/2878, were provided for the Clan Head’s information and necessary action. The letter, written in a formal tone, reflects the government’s commitment to fulfilling its obligations as outlined in the legal settlement. This development marks a significant step towards resolving the land dispute and upholding the rule of law.
“The submission of the survey plans signals progress in implementing the court’s decision and demonstrates the government’s adherence to judicial outcomes. It underscores the importance of legal processes in resolving land disputes and ensuring equitable access to resources. The Clan Head is expected to review the survey plans and take appropriate steps as necessary, in accordance with the terms of the settlement agreement.”
However, the trio of Ntoe Lawrence Nyong, Ntufam Maurice Omin Iso and Ntufam Donatus Etim disagreed with government decision to hand over the land to the community and again headed back to the same Justice Ebuta Court for interpretation of Consent judgment in Suit No. HC/314/2021.
In an originating summon in Suit No. HC/86/2024 between Ntoe Lawrence Nyong, Ntufam Maurice Omin Iso and Ntufam Donatus Etim (for themselves and on behalf of Nkonib Ikat Ansa Qua Clan as claimants and Governor of Cross River State, Attorney General and Commissioner for Justice, Commissioner for lands and Ntoe Paul Assim Ita as defendants.
The claimants among others are seeking for a declaration that given the implementation of the Consent Judgment in Suit No: HC/314/2021 in 2022 by the Government of Cross River State where inter alia, 23 hectres of Summit Hills Prime dry upland were excised and released to them as representatives of Nkanib (Ikot Ansa) Qua Clan, the defendants cannot validly hold a meeting in the Attorney General and Commissioner for Justice (2 defendant) office on 04/04/2024 to reach an agreement to release and released the same 23 hectres of the Prime dry upland to the 4th defendant against whose interest the Consent Judgment in Suit No: HC/314/2021 was given.
When the matter came up before Hon. Justice B. Ebuta on May 28, 2024. Counsel to the claimants informed the court that all the defendants are still within time to file their defence.
On his part, counsel to the 4th defendant, Ntoe Paul Assim Ita, appealed that the case file be sent to the Chief Judge of Cross River state for reassignment to another judge since the court had previously heard the matter.
The 1st to 3rd defendants were not represented in court. The matter has been adjourned to June 24, 2024 for the court to rule on whether to hear the matter or not. The counsels to the claimants and defendants could not be reached as at the time of filling this report.