Delta Govt Officials In Contempt Of Court For Defying Order On Doctor’s Property Demolition

… it has put Oborevwori’s govt in black spot, says Niger Delta activist

Some officials of Delta State Government may likely be charged for contempt of court following their fragrant disobedience to subsisting court orders in the state.

BIGPEN NIGERIA (https://bigpenngr.com) gathers that the development followed the controversial demolition of two buildings by the Delta State government in Effurun despite a subsisting court order.

The properties belonging to a medical practitioner, Dr. Prosper Orezimena and a 70-year-old retiree, Pa. India Osanebi, located at Airaboyi Close, off Jesus Is Lord Street off Refinery Road, Effurun in Uvwie, Delta State, were brought down few weeks ago.

It was alleged that a chieftain of the Peoples Democratic Party (PDP) had masterminded the demolition to pave way for his new building in the area.

Dr. Prosper Orezimena and Pa. India Osanebi are the claimants/applicants while the Ministry of Urban Renewal, Ministry of Land & Survey, Attorney General of Delta State, and the Governor of Delta State, are the defendants.

In an enrolment order seen by BIGPEN NIGERIA, the claimants/applicants in a motion on notice dated and filed 22-5-24, prayed the court for the following order’s to wit:

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“AN ORDER of interlocutory injunction restraining the Defendants jointly and severally, their servants, agents, privies, or otherwise howsoever called from demolishing, pulling down, destroying or doing anything to the contrary to the interest of the Applicant with regard to the Applicant property at No. 1,Airoboyi Close, off Jesus is Lord Street off Refinery Road, Effurun, Uvwie Local Government Area of Delta State, Nigeria. Pending the Determination of this case”.

In her ruling, Justice R.D. Harriman (Mrs.), presiding Judge of the State High Court, sitting at Effurun, Uvwie local government area, had on Tuesday, July 16, 2024, having heard from R. O. Asiuwhu, Esq counsel for the Claimant’s/Applicants who moved the application, S.O. Monye, Esq Director Civil Litigation, J. Akpomiemie (Mrs.) and G. Ugbeje Esq Principal State Counsel for the Defendants, ruled in favour of the Claimant’s/Applicants.

The court held that the parties being absent, “in circumstances, order as prayed” and subsequently adjourned the case to 14th October, 2024 for the determination of the substantive case.

Justice Harriman, in the prevailing circumstances, on 16th day of July, 2024, also ordered the case to be transferred to Court 3, Effurun,High Court in the exercise of the power(s) conferred on her by Section 38(1), Part IV of the High Court Laws of Delta Sate of Nigeria, 2006.

But in fragrant disobedience to the court order, the State Commissioner for Environment as well as vice chairman of Uvwie local government were said to have stormed the properties and continued with the unlawful demolition exercise, thus risking contempt of court.

Reacting to the development, a prominent activist in the Niger Delta, Collins Eselemo, lampooned the Delta State Government for its undemocratic actions, particularly the destruction of Dr. Prosper Orezimena’s property, despite a restraining order.

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Eselemo, in a terse message, maintained that the alarming disregard to court order shown by the Delta State Government towards interim and interlocutory injunctions issued by the state’s high court, puts the Sherrif Oborevwori administration in a black spot.

He, however urged Governor Sherrif Oborevwori to intervene and ensure that the Commissioners of Urban Renewal, Environment, Justice, and other cabinet members adhere to the rule of law.

BIGPEN NIGERIA (https://bigpenngr.com) recalls that the court had in an earlier interim order halted the Delta State Government from further demolition of the properties.

The victims, Dr. Prosper Orezimena and Mr. India Osanebi, had filed an ex-parte motion on May 22, 2024, at the Delta State High Court of Effurun, seeking an interim injunction to restrain the defendants (Ministry of Urban Renewal, Ministry of Land & Survey, Attorney General of Delta State, and the Governor of Delta State) from demolishing their property at No. 1 Airaboyi Close, Effurun.

On May 24, 2024, Justice (Mrs.) R.D. Harriman of State High Court 2, Effurun, granted the relief sought by the applicants, ordering the defendants not to proceed with the planned demolition of the buildings.

The court issued “an Order of interim injunction restraining the Defendants jointly and severally, their servants, agents, privies, or otherwise howsoever called from demolishing, pulling down, destroying or doing anything to the contrary to the interest of the Applicant with regard to the Applicant property…”

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Despite the court order, the Delta State Government, allegedly instigated by a powerful party chieftain, used bulldozers to demolish the buildings on June 20, 2024, without giving the occupants time to remove their belongings.

“This act constitutes a clear defiance of the court’s order”, Eselemo said.