DELTA LANDS AND SURVEYS MINISTRY DOESN’T ADJUDICATE LAND DISPUTES – Kate Onianwa

Delta State Commissioner for Lands and Surveys, Mrs Kate Onianwa, has said the activities of her Ministry will always be guided by the ambits of the law.

Mrs Onianwa, a Barrister – at – Law, stated this in Asaba while reacting to a court injunction restraining the Ughelli Area Planning Office of the Ministry from allegedly instigating the police to act on the allegation that one Rev. Canon Samson Akpovwovwo, of the Holy Trinity Anglican Church, Ughelli, was connected with a case of willful/deliberate blockage of the only access road to No. 16C Olori street, Ughelli.

The Applicant had sought a court declaration that his invitation by the police over the blockage of the said access road, based on alleged instigation of the Ministry’s Ughelli Area Planning Office because it was perceived to be a conduct likely to cause a breach of peace, was a calculated attempt to infringe on his fundamental right to personal liberty, guaranteed by section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)

The bone of contention is the perimeter fence built around the premises of the Holy Trinity Anglican Church, Ughelli, located at No. 18, Olori street, Ughelli, which was alleged to have blocked access to No. 16C Olori street, Ughelli.

The Applicant also prayed the court for an order of perpetual injunction restraining the Ughelli Area Planning Office of the Ministry and the occupant of No. 16C, Olori street, Ughelli, from further interfering with his quiet stay or residence at the premises of the Holy Trinity Anglican Church, Ughelli, which was granted.

But the Commissioner clarified that the Ministry of Lands and Surveys was mainly concerned with development control, among other activities, and had nothing to do with adjudication of land/boundary disputes, which she said was reserved for the court.

She explained that, in exercise of its lawful duty, the Ministry had visited the disputed area to take measurements in the presence of the parties involved and agreed on certain conditions, based on professional experience, with a view to amicably resolving the matter.

Mrs Onianwa said now that the case was before a court of competent jurisdiction, the Ministry, as a law abiding authority, had no choice but to obey the court order.

The Commissioner, however, advised the parties to find a way of resolving their differences amicably.