- On 25th June, 2020, Enugu state govt approved the compensatory land allocation to Barr. Nana Ogbodo
- 82 Division, Nigerian Army, Enugu on April 30, 2024 issued a vacation order to Barr. Ogbodo, asking him to vacate the property within 30 days
- Human Rights group battles the Division over the vacation order, petitions Defence Headquarters
Angered by the alleged inhuman treatment meted out on one Nana Ogbodo, a citizen of Enugu state, a civil rights group, Civil Rights Realization and Advancement Network (CRRAN) has petitioned Nigeria Army, alleging illegal seizure of landed property of the victim in Enugu.
In the petition dated May 6, 2024 addressed to the Minister of Defence, Ministry of Defence, Abuja, and made available to WITHIN NIGERIA, the Rights group accused the Nigeria Army of taking law into its hand to demand for vacation from the said property.
The petition which was signed by the group’s president Olu Omotayo Esq and entitled “APPEAL FOR JUSTICE AND URGENT INTERVENTION;RE: THREAT TO FORCEFULLY AND UNLAWFULLY TAKE OVER A CITIZENS’ PROPERTY BY THE ARMY AUTHORITIES OF THE 82, DIVISION OF THE NIGERIA ARMY, ENUGU”, the CRRAN stated that “the property is situate behind No.7, Abakiliki Lane, GRA, Enugu.”
The petition read thus; “We write to you in respect of the above mentioned matter, in which the authorities of the Nigerian Army at the 82 Division, Enugu, in defiance to the letter from the office of the Chief of Army Staff that the matter is under investigation by his office have decided to take the law into its’ hand and supplant the Rule of Law with the Rule of the Jungle.
“The summary of the facts are as follows: Citizen Nana Ogbodos’ house was unlawfully destroyed by the administration of Former Chimaroke Nnamani sometimes in November 2004. In the quest to uphold justice by the former governor of Enugu State Ifeanyi Ugwuanyi, vis a vis the Suit No. E/925/2005, filed by citizen Nana Ogbodo, at the State High Court in 2005, his administration gave a COMPENSATORY PLOT of land for the unlawful demolition of Ogbodo home by the past administration.
“The property is situates behind No.7, Abakaliki Lane, GRA, Enugu. The property was duly registered and Certificate of Occupancy duly granted to the beneficiary by the state government in January 2022.
“Mr. Ogbodo, fenced the property round and built a bungalow apartment on the property. The said apartment currently has a tenant occupying it. Sometimes in 1st May 2023, some military officers from the 82 Division of the Nigeria Army visited the property and said the property belongs to the Army that it was among the properties they were holding in trust for the state government, and therefore directed that the landlord should furnish the Nigerian Army 82 Division, with all the documents relating to his ownership of the property.
“Mr. Ogbodo, in response vide a letter dated 1st May 2023, duly furnished the General Officer Commanding (GOC), with all his title documents including the Certificate of Occupancy duly issued by the government. Thereafter there was no further response to the letter by the military authorities until February 2024. Sometimes in February 2024, the tenant informed the landlord again that there was further visit by some soldiers from 82, Division, directing her to vacate the property within 7 days.
“The incident made Mr. Ogbodo, to visit the 82, Division of the Nigerian Army and met the then Garrison Commander and showed him all his documents including the Certificate of Occupancy (C of O) , but the Army authorities only claimed that the property belong to it without showing any document of ownership. On that occasion one of the officers told him that the property was one of the properties captured by the Army during the civil war.
“Mr. Ogbodo thereafter got a lawyer to serve the Chief of Army Staff a “Pre Action Notice” informing the Army authorities of his intention to file an action against it in the court of law. The office of the Chief of Army Staff in response vide a letter dated 26 March 2024, stated that it has commenced investigation into the matter and will revert back on its’ findings.
“It is surprising that in a clear act of insubordination one Major H.Y. Shehu, writing on behalf of the GOC 82, Division of the Nigerian Army , vide a letter dated 30th April 2024, directed Mrs. Roseline Okoye the tenant on the property to vacate the property within 7 days. The said letter is attached herewith.
“We submit that the hallmark of democracy is the observance of the Rule of Law by the citizenry and all the institutions in the polity. The Army in its’ civil transactions and relationship are bound by the law of the land.
“More worrisome is the fact that while the office of the Chief of Army Staff is looking into a matter, an officer of the rank of a Major is threatening to throw out the lawful occupant of the property. This is a grave act of lawlessness and insubordination. It should be noted that the by virtue of the Land Use Act, the Governor is vested with the sole authority over all state land and not by conquest.
“The only way the military can claim ownership of the property is to show documentary evidence and not rely on the ridiculous claim of the property being among the ones captured by the Army during the Civil war which took place over 50 years ago. We urge you to in the interest of justice and Rule of Law directs the Army authorities particularly the GOC 82 Division, to allow the conclusion of the due process initiated by the Chief of Army Staff and also submit to the jurisdiction of the court of competent jurisdiction which is now seized of the matter.”
The beginning of the trouble
However, findings by WITHIN NIGERIA revealed that sometime in August, 2020, the Enugu state government through the Ministry of Lands and Urban Development allotted a compensatory plot to Barr.Nana Ogbodo for his property forcefully destroyed by the state government.
On June 25, 2020, the state ministry of Lands and Urban Development allotted a piece of land to Barr. Nana Ogbodo.
In the letter Chief of staff to the Governor, Rt. Hon. Dr. Uzor F.S.A entitled, RE:APPLICATION FOR LAND ALLOCATION reads thus;
“The attached copy of letter dated 24th June, 2020 on the above subject addressed to His Excellency, the Governor by Nana Ogbodo, Esq, No.4 Corporation Boulevard Trans-Ekulu, Enugu, refer.
“His Excellency, the Governor has gradually approved the allocation of a compensatory Carve-out plot of land situate behind No.7 Abakiliki Lane, GRA, Enugu to Nana Ogbodo, Esq, No. 4 Corporation Boulevard Close, Trans-Ekulu, Enugu.
“Accordingly, you are directed to take steps to implement His Excellency’s approval.”
In the letter entitled COMPENSATORY ALLOCATION OF PLOT R/350 AT OLD GRA ENUGU.
The letter which was signed by the then Commissioner for Lands and Urban Development, Dr. Surv Victor Chukwuemeka Nnam partly read thus; “ I am pleased to convey approval for the allocation of the above stated plot to you.”
According to the letter, the allocation of the said land will last for a period of 99 years. The purpose of the allocation is also said to be for residential building.
In any case, few months after the allocation of the said Compensatory land, Barr. Ogbodo applied for the Certificate of Occupancy of the land which was granted two years after.
Also in a letter dated 11th April 2022 which was signed by the Rt. Hon. Dr. Uzor F.S.A, the Chief of Staff to the Governor partly read thus, “ His Excellency, the Governor has graciously approved the issuance of Certificate of Occupancy (C of O) in respect of the Plot R/350 old GRA, Enugu, a compensatory plot of land allocated to Nana Ogbodo Esq.
“Accordingly, you are directed to take steps to implement His Excellency’s approval.”
However, consequent upon the allocation and issuance of Certificate of Occupancy, the owner, Barr. Ogbodo has built a bungalow in the said piece of land.
But, in a twist of event, the Nigerian Army through the 82 Division, Enugu asked Barr. Ogbodo to vacate the property within one month.
In a letter issued by the Division dated April 30, 2024 which was signed by Major HY Shenu, they told Barr. Ogbodo that the date elapsed on 26 March, 2024.
The letter partly read thus, “ I am directed to respectfully remind you of the meeting you held with the authorities of the Headquarters 82 Division, Nigerian Army on 27 February 2024.
“During the said meeting, you voluntarily promised to vacate the Nigerian Army property situated at Number 7, Abakiliki Lane, Old GRA, Enugu which you are unlawfully occupying. Furthermore, you requested for one month grace that elapsed on 26 March, 2024 to handover the property.
“However, it was discovered that you are yet to implement your undertaking 5 weeks after the period given to you.
“In view of the above, I am further directed to inform you that despite your failure to honour the gentleman agreement reached with regard to vacating the property, Headquarters 82 Division Nigerian Army has magnanimously grant you additional 7 days (commencing from date this letter is signed) to vacate the property of face ejection.”
By and large, in an exclusive chat with our reporter, Barr. Ogbodo denied ever having such an agreement with the Nigerian Army.
According to him, “I never had any agreement with them to vacate. Note that I don’t live in the property. If there was any understanding in that regard, it was never with me. All that the tenant informed me was their disturbances consequent upon which I visited the 82 Division.
“When I discovered they were being impervious to reason, I decided to serve the Pre-action notice. It was perhaps the receipt of the Pre-action notice that prompted the letter in issue. Before then, there was no written communication from the Army.
“But it’s curious that a respectable institution like the Nigeria Army would carelessly issue quit notice on a property they have no papers on. It still goes down to underscore the inexplicable notion they have that some parts of Enugu are still under occupation as a consequence of the war. When, for God’s sake, did the Nigeria Army begin to acquire residential properties outside their barracks”?
When WITHIN NIGERIA called the Director, Public Relations, Nigerian Army, General Onyema Nwachukwu, he picked his call but after several attempt to speak to our reporter, he dropped the call.
However, further calls by our reporter to get his reactions on the matter were not answered by the PR Director.
In any case, our reporter also sent him a text message which read thus; “Good evening General. My name is Christopher Nnadi. I am from WITHIN NIGERIA online newspaper Lagos. I just called you a while ago in respect of Barr. Nana Ogbodo from Enugu state whom 82 Division, Nigerian Army, Enugu has issued a letter to him to vacate his land situate behind No.7, Abakiliki Lane, GRA,
Enugu? Are you aware of this development? If yes, what are you doing to resolve this issue, considering the fact that the said land was apportioned to him by the then state governor, Rt. Hon. Ifeanyi Ugwuanyi with relevant papers?.” Despite all these efforts to speak to the Army image maker, he could not reply the text message.