
The Supreme Court has finally laid to rest the protracted land tussle between Abagana and Ukpo communities in Dunukofia Local Government area of Anambra state.
The supreme court in a unanimous judgment today 31at October 2023 ruled that the case has been finally dismissed and not just struck out as was delivered in the case at lower courts.
The presiding Judge, Justice Inyang Okoro of the supreme court gave the ruling following a submission by the counsel to Ukpo community, Chief Nnamdi Ibegbu , a Senior Advocate of Nigeria, SAN to the effect that the case which was struck out at the Court of Appeal should be dismissed in it’s entirety to put to a final stop to further adjudication on the matter in any other court, under any guise.
It will be recalled that the Abagana, Abba and Ukpo communities land case had long been decided by the supreme court in favour of Ukpo community in an earlier judgement by the court over there years ago.
However, some professional litigants in Abagana and Abba communities have continued to bring up the matter in some high courts in Anambra state under different guise.
The most astonishing aspect of this legal debacle is the fact that the chief Judge of the state who being aware of the supreme court judgement on the case has continued to unjustifiably assign it to some judges in the state in different courts.
This assignment of the same case under different guise by the Chief Judge of Anambra state multiple times has been described by legal experts as unprofessional, unethical and a move that smacks of unsavory and unsalutary
motivations.
In about two of those cases filed by the litigants from the communities, the judges struck out the cases in favor of Ukpo community up to the level of the court of appeal.
In one of such judgements in a similar case assigned to the high court of Nneni Judicial division, the Abba community case was decided in favour of Ukpo community.
In that instance, the Judge held that “the matter had been decided by the supreme court and that no other court in the country has the right to adjudicate on the matter as it has already been ruled upon by the apex court,no matter the guise under which it is brought to the court or being re- introduced before the court”
In support of his ruling, the judgement had quoted the Bible saying “if the foundation be destroyed what can the righteous do?”
Today’s judgement by Justice Inyang Okoro of the supreme court has now put an end to the rigorous, protracted strategy of resurrecting thesame case under different guise in various courts.