Neigbouring Villages ln Anambra State Clash Turns Bloody - |Ads4naira Blog|

Neigbouring Villages ln Anambra State Clash Turns Bloody

Ukwulu With Ukpo Youths Clashed With Abba Youths Over Land Dispute.

Police Shot Sporadically At Ukwulu/Ukpo Vs Abba Bloody Clash

Abba Youth Attack Ukwulu Village To Claim Land Ruled Over To Ukwulu/Ukpo

After Supreme Court has dismissed an appeal  against the June 27, 2016 decision of the Court of Appeal, Enugu granting the people of Umuagama village (Ukwulu) and Oranto/Akpu village (Ukpo) in Anambra State the right of ownership over a disputed parcel of land that had pitched them against their neighbours in Okpuloji Abba Town. A five-man panel of the court, headed by Justice Olabode Rhodes-Vivour, resolved all the four issues, identified for determination, in favour of the two sets of respondents – listed as representatives of Umuagama village (Ukwulu) and Oranto/Akpu village (Ukpo). Court documents revealed that the people of Okpuloji Abba town, Umugama Village Ukwulu and Oranto/Akpu Village (Ukpo) have been locked in dispute over the parcel of land in the area since early 1970. They went before the High Court of Anambra in 1975. In a judgment by then Chief Judge of the court, Justice Obiora Nwazota,
delivered on November 12, 1999, the court declared the title of the disputed land in favour of the people of Umuagama Village (Ukwulu) and
Oranto/Akpu Village (Ukpo).  Okpuloji Abba town appealed the decision at the
Court of Appeal, Enugu. The Court, in its final decision on June 27, 2016 dismissed the substantive appeal on the grounds that the appellants failed to compile and transmit record of appeal within the stipulated period, as provided
in Order 8 Rule 4 of the Court of Appeal Rules 2011. Also dismissed was the appellants’ motion seeking to direct the Chief Judge of the High Court of Anambra State to re-assign the
consolidated suit for hearing afresh.
Okpuloji Abba town, subsequently appealed to the Supreme Court, in SC: 589/2016. Justice Paul Adamu Galumje, who read the lead judgment of
the Supreme Court’s decision, held that the appellants failed to sustain their allegation of denial of fair hearing and miscarriage of justice. Galumje said it was the fault of the appellants
that they failed to ensure the compilation and transmission of record of appeal within time, as required under Order 8 Rule 4 of the Court of Appeal Rules 2011.
In upholding the Court of Appeal’s dismissal of the appellants’ motion, Justice Galumje held that the appellants were wrong to have filed their
motion, for retrial, at the Court of Appeal. He said the motion ought to be filed at the trial court, since the appellants’ appeal was not yet properly
before the Court of Appeal, and because they were yet to compile and transmit the record of appeal then. He however advised parties to the dispute to return to the trial court to have the
case re-heard because it may be difficult to enforce a judgment, which record is said to be missing from the trial court.
“In the instant case there is in place what I may call “force major,” an unexpected occurrence, which has the capacity to defeat even the enforcement of the judgment obtained at the trial
court in the two consolidated suits. It follows therefore that, if nothing is done, there will be a total failure of justice. The loss of the record of the appeal is a factor that has in my view vitiated and rendered the judgment invalid. Is there a way of enforcing the judgment in the absence of the record of the case? This is what may unfold later.
I think it is in the best interest of the parties to  go back to the trial court and sort out this mess,”
the judge said. The judge noted that the appellants were not
diligent in their handling of the appeal at the Court of Appeal, Enugu On the argument whether the motion for retrial was properly filed, Justice
Galumje said: “An appellate court can order as a last resort, for a retrial of a case if part or portion of the record transmitted to it is lost and all effort
to trace it failed. Where the parties agree that the portion of the record that is missing is inconsequential, and that the hearing of the appeal cannot result in miscarriage of justice, the
court can hear the appeal on incomplete record. “However where no record is transmitted at all, as in this case, all applications including application for the case to be heard de novo must
be made to the trial court where the appeal is  domiciled. An appellate court will have no materials upon which it will assume jurisdiction in the appeal. I therefore find nothing wrong with the
decision of the lower court in refusing the application for an order of trial de novo and for dismissing the pending appeal before it for failure to compile and transmit the records of appeal
after fourteen years of filing the appeal,” he aded.

ln june 2019, Abba Women did a peaceful protest over land to the Anambra state government. During the protest they complained:

According to Uchenna
The land dispute between Abba
Community in Njikoka LGA and Ukpo in
Dunukofia LGA of Anambra State yesterday took a different dimension as women of Abba Community led a protest to the State Government House in Awka.
Dressed in black attire and bearing
placards with different inscriptions such
as “Arthur Eze should invest his wealth in
productive venture instead of dispossessing people and communities of their lands”, “Abba is
a peaceful town”, “Judiciary should not allow itself to be compromised”, “Enough is Enough”, “We ask for due process in our case”, among others, the protesters chanted protest songs to register their displeasure over what they tagged
“use of the Police and Judiciary to dispossess them of their heritage.

We are peace-loving people and that is why we have not taken laws into our hands. We gave the governor landslide victory in our town during his reelection and this is the time for him to show us that the confidence we reposed in him with our votes, is not misplaced’, she concluded. For a stakeholder in the community, Hon Obinna Chukwuma, it is worrisome why their neighbours will be in a hurry to possess the land when the matter is in
court and hearing has been fixed for early next month. He said, “it is imperative to state that both communities have been asked by the Supreme court to go back to the trial court.and start afresh since the records of.proceedings of an earlier judgement on the matter , is missing. Abba community has obeyed that order of the court and gone back to court but our neighbours for whatever reason, have decided to take the laws into their hands under the protection of persons who feel they are above the law”.According to him, “all we asking is that due process be followed. Even if at the end of the day, the Court asks us to leave our own ancestral home, we will oblige but let the right thing be done. We appeal to our governor to use his good office to prevail on Ukpo Community to allow the law, take its cause. As I speak now, they have about 30 of our people on their list that they want to arrest just to keep us in perpetual fear. That is why we have come to seek theintervention of the State Government on the matter”. Governor Obiano who spoke through his
Special Adviser on Security, Safety and
Emergency, Mr Chikodi Anara while addressing the protesters, said peace is
necessary for the realization of the state
government’s lofty grassroots development initiatives. Commending the community for remaining peaceful so far, the governor urged them to maintain the stance as his government will wade into the matter to avert wanton destruction of lives and property. He expressed optimism that the matter will be easy to resolve as both communities are not from the same local government and there are designated boundaries for all the LGAs.

According to Ukwulu indigiene, A Journalist lgboanugo Chukwunonso who ellaborated in a clearer description during a radio interview he said that the Land dispute which has been in court for years was ruled out be taken charge and belonging to the people of Ukwulu and Ukpo, but not withstanding Abba people are protesting and saying that they wouldnt abide by the decisions of the supreme court.

ln 7th of september 2019 land dispute between Abba village and three other villages which is Ukwulu and Ukpo turns bloody as Abba village clash with Ukwulu/Ukpo village, during the clash it was recorded that Abba attacked Ukwulu village with Cutlass and weapons to fight for the so claimed land belonging to them.

The Police of Dunukofia divison received intel on the clash between Abba villagers and Ukwulu, they emerged and pursured the three villages with tear gas and heavy shooting, majority of them was arrested.

Stay Tune for the next size of the story

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