Imo High Court Barred Government from Further Demolition of Owerri Central Market
An Imo State High Court, sitting in Owerri, has restrained the Imo State Government from further demolition of the Owerri Central Market complex, Owerri.
The presiding judge, Hon. Justice I.C Ibeawuchi, at the vacation court, had earlier given the order restraining the state government and other defendants, either through their agents or any other person acting on their behalf, from taking any further steps in the demolition of the market in whole or in part.
The court’s order is a significant development in the ongoing dispute between the Imo State Government and the landowners of the Central Market Layout, Owerri.
The plaintiffs, including the Incorporated Board of Trustees of Rhema Life Ministry International, Sunny Global Properties Nigeria Limited, Zero-One Global Properties Limited, Ekpereamaka Nwankwo, and Nwankwo Emmanuel, had approached the court to challenge the state government’s ownership claims to the property, including Form 48 (Order IX, Rule 13), Notice of Consequences of Disobedience to Order of Court.
With this, the defendants, if they continue to flout court order risk contempt of court and are liable to be committed to prison.
Form 48 Order IX, Rule 13 stated, “Take notice that unless you obey the directions contained in the order of Hon Justice I. C. Ibeawuchi, made on 04/09/24 inter alia; an order of this honourable court that the parties are enjoined to maintain peace on the ‘Res’ by refraining from embarking on any action that will foist on the court a state of helplessness when it comes to determining the substantive suit, you will be guilty of contempt of court and will be liable to be committed to prison.”
The matter, which borders on forceful demolition and ejection, seeks to determine the rightful owners of the land and structures erected on the piece of land known as Central Market Layout, Owerri.
The case, marked suit number HOW/882/2024, was filed to challenge ownership claims to the property by the state government and Governor Hope Uzodimma.
The court’s order has been welcomed by the plaintiffs, who expressed hope that their prayers would prevail on the next sitting. Christian Nwadigo, counsel to the plaintiffs, called on the Imo State government to respect the court order and refrain from taking further steps pending the outcome of the matter.
“To stop the impunity of the state government and cohorts from land grabbing, illegal demolition and ejection of land owners across the state.”
“The parties are further advised to maintain the Status quo in respect of the ‘Res’ as of 24/09/2024, there are pieces of evidence of illegal constructions carried out by the first and second defendants in flagrant violation of the order of court, he said.
The Imo State Government has been ordered to maintain the status quo in respect of the Central Market Layout, Owerri, as of September 24, 2024.
However, there are allegations that the state government has continued to carry out illegal constructions on the site, in flagrant violation of the court order.
The matter has been adjourned until January 23, 2025, for determination by the Justice Akobundu-led High Court. The court’s decision is expected to provide clarity on the ownership of the Central Market Layout, Owerri, and put an end to the ongoing dispute between the Imo State Government and the landowners.