A High Court of Akpabuyo Local Government Area in Cross River State sitting in Calabar has set June 14th, 2023 as date for judgement on the case brought before it by a 90-year-old chief demanding compensation and rights over the demolition and destruction of his property, including houses and ancient archive, among others.
In the suit Number HC/A/ 8f/ 2022 between Etinyin Effiom Eyo Okon as plaintiff versus Cross River State Government as defendant, His Royal Highness Etinyin Effiom Eyo Okon, who is over 90 years old and a traditional leader, the clan head of Ikot Offiong Ambi clan in Akpabuyo, Cross River State, is seeking compensation regarding the demolition of his property, which was done by agents of the state government who claimed to have acted on allegations of the clan head’s involvement in aiding kidnapping activities.
The demolition and destruction of his buildings occurred in 2021.
The government security taskforce often work on petitions received or on a tip-off they get.
But since the commencement of the case instituted by Highness Etinyin Effiom Eyo Okon, the state government has not put up any form of legal representation nor defense.
At the resumption of sitting in the case, counsel to the 90year old Chief, Ozinko Ozinko Esq, informed the judge that after several instances of the case when processes of court had been served and notice of hearing equally served, the defendant has refused to respond nor put up a defense.
The plaintiff counsel maintained that in line with the fundamental enforcement procedure rules, he filed a written address and adopted same as oral argument in the case.
He said he relies heavily on the exhibit annex to his processes, exhibit 1-43 which are Certificate of recognition of the applicant as Village Head in 1993, certificate of recognition as Clan Head, pictures of demolished building without fair hearing, correspondences and newspaper publications, including medical reports; and prayed the case go in his client’s favour as the court is the last hope of the common man.”
The Presiding judge, Hon Justice Onyebueke, having listened to the application of the fundamental right application, adjourned the matter to June 14th for judgement and also instructed that the plaintiff counsel should serve the other parties in the case with another hearing notices before the adjourned date.