A rights group, Civil Rights Realisation and Advancement Network (CRRAN) has asked the Minister of Defence to intervene in the alleged threat by the Nigerian Army to forcefully dispossess Enugu lawyer, Nana Ogbodo, of his property, R/350, situated at old Abakaliki road.
On Wednesday, armed soldiers had moved in, locked the entire premises, and left the occupants stranded.
President of CRRAN, Olu Omotayo, in the petition, said the Army in Enugu, in defiance to a letter from the office of the Chief of Army Staff saying the matter was being investigated, “decided to take law into their hands and supplant the rule of law with the rule of the jungle”.
The Chief of Army Staff had, in a letter signed by Lieutenant Colonel D. Biambo, in response to contention over the property, assured that he had commenced investigation and would respond accordingly.
Recall that Ogbodo, after receiving approval and Certificate of Occupancy (CofO) from the Enugu State government, had erected and fenced a bungalow on the property, which he allocated to tenants.
However, on May 1, last year, some soldiers walked into the compound and demanded to see its documents, in the guise that the property was among those the Army acquired.
Ogbodo had, on the same day (May 1, 2023), furnished the General Officer Commanding the 82 Division, Enugu, with copies of his application for compensatory plot of land, the allocation letter, and CofO from the Enugu State government.
Nothing was heard of the matter until April 30, 2024, when the General Officer Commanding the 82 Division Enugu, through Major H. Y. Shehu, wrote to Ogbodo (through his tenant on the property), and reminded him of the need to vacate the property, having exhausted the grace period allowed him.
The GOC’s letter read: “Despite your failure to honour the gentleman agreement reached, with regard to vacating the property, Headquarters 82 Division Nigerian Army has magnanimously granted you additional seven days (commencing from the date this letter is signed) to vacate the property or face ejection.”
Lamenting the development and the need for observance of the rule of law, Omotayo said the “Army, in its civil transactions and relationships are bound by the law of the land.”
He said:“More worrisome is the fact that while the office of the Chief of Staff is looking into a matter, an officer of the rank of a Major is threatening to throw out a lawful occupant of the property.”
This is a grave act of lawlessness and insubordination. It should be noted that by virtue of the Land Use Act, the governor is vested with 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 that the property was among those captured by the Army during the civil war, which took place over 50 years ago.”
Reacting via a statement sent to The Guardian, yesterday, the Director, Army Public Relations, Major General Onyema Nwachukwu, said the property in question belonged to the Nigerian Army.
He said: “The Nigerian Army wishes to state that the petition, which also posits that 82 Division, in defiance to a letter from the Office of the Chief of Army Staff decided to take the law into its hand and supplant the rule of law, is completely unfounded and intended to tarnish the ongoing efforts of the Nigerian Army to restore peace and tranquility in the Southeast region.
“It is, therefore, necessary to set the record straight and not mislead the public. The said property is Nigerian Army’s property that was last occupied by Col Emeka Ugwuoke (rtd) during his service.
“The senior officer who was allocated the quarter during his service was removed therefrom by the Nigerian Army in April 2023, when he tried to convert the quarter to his private property after his retirement.
“Surprisingly, it is on one corner of the property from where the Nigerian Army ejected the retired senior officer that the trespassers invaded.
“The Nigerian Army is a disciplined institution that respects human rights and the rule of law. We urge the public to disregard the narrative that suggests the Nigerian Army is acting unlawfully or without respect for due process.
“The Nigerian Army’s position is that the property remains under its ownership through appropriate legal channels, and any claims to the contrary are based on misinformation.
“Consequently, the Nigerian Army calls for a thorough investigation and due process to resolve the matter, and it stands ready to present its evidence of ownership to competent authorities.
“We also wish to reaffirm our commitment to the rule of law and the proper resolution of this dispute in accordance with Nigerian legal standards and provisions.”
