A prominent Niger Delta activist, Mr Collins Eselemo, has berated the Delta state government and its agencies for its flagrant disregard to court orders in the state, noting that such undemocratic action is a threat to the nation’s democracy.
The activist while condemning the recent action of the Delta State Ministry of Urban Renewal, Land & Survey, Justice and Environment, in total disregard to subsisting State High Court restraining order on destroying the property of Dr. Prosper Orezimena and Pa India Osanebi, said such action is unbecoming of the Oborevwori’s administration and there is urgent need for it to be put on check.
Eselemo 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, stressing that their unlawful actions are putting the government on a black spot.
According to him, “the alarming disregard 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, this must be checked.”
Recall that the media was awash in June 26th with reports of how Delta State government allegedly disobeying lawful court order following the demolition of the homes of Dr Prosper Orezimena, a medical practitioner and his neighbour, Pa. India Osanebi on the instigation of a powerful Peoples Democratic Party, (PDP) chieftain who wants to use their compound to access his.
The victims had through an exparte motion dated and filed 22-5-24, approached the Delta State High Court of justice, in the Effurun judicial division holden at Effurun, praying the Honourable Court for the following orders to wit: “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 at No. 1. Airaboyi Close, off Jesus is Lord Street off Refinery Road, Effurun, Uvwie Local Government Area of Delta State, Nigeria. Pending the Determination of the Motion on Notice.
His Lordship, the Honourable Justice R.D. Harriman (Mrs.) Judge of High Court No. 2, Effurun, sitting at Effurun, in the Effurun judicial Division, holden at Effurun on Friday, the 24 day of May, 2024, while granting the relief sorted by the Applicant the order in Suit No: EHC/100/2024 between Dr Prosper Orezimena, Mr. India Osanebi and 1. Ministry of Urban Renewal, Delta State, 2. Ministry of Land & Survey, Delta State, 3. Attorney General Delta State, defendants, 4. The Executive Governor, Delta State, the court granted their “order as prayed” and fixed return date as10/6/2024.
In defiance to the court order, the state government on June 20th, 2024 through the Ministry of Urban Renewal and Ministry of Land & Survey under alleged instigation of powerful party chieftain brought in bulldozers and brought the building down, with occupants not given chance to move their belongings out.
Following the flouting of the interim order of the court, the victims again approached the court for an interlocutory injunction and the learned Justice R.D. Harriman (Mrs.) Judge of High Court No. 2, Effurun, sitting at Effurun, in the Effurun judicial Division, holden at Effurun on Tuesday, the 16th day of July, 2024, granted their prayers.
According to Certify True Copy (CTC) of the Courts’ Enrolment of Order, issued by R.D Harriman (Mrs.), on18 July 2024 between the parties to the suit reads: “Upon the Claimants/Applicants motion on notice dated and filed 22-6-24, praying this Honourable Court for the following orders to wit:
“1 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
“Coming up for hearing before His Lordship, the Honourable Justice R.D. IL (Mrs.) Judge of High Court No. 2, Effurun, sitting at Effurun, in the Effurun juhicial Division, holden at Effurun on Tuesday, the 16th day of July, 2024.
“The Court having heard R. O. Asiuwhu, Esq of Counsel for the Claimant’s/Applicants who moved the Application, S.O. Monye, Esq Director Civil Litigation, Akpomiemie [Mrs.) and G. Ugbeje Esq Principal State Counsel for the Defendants. The partas being absent, ordered as follows: –
“COURT: In circumstances, order as prayed. Case is adjourned to 14/10/24 for PTC.”
Despite this subsisting order that has not been vacated by an Appeal Court, the Delta State Commissioner of Environment, Mr Ejiro Jamani on Friday 16th August, 2024 in a commando styled, pulled down the structure with the court order pasted on it, a move that has attracted criticism by stakeholders in the area.
Our investigation also shows that the bulldozer used for the demolition exercises belongs to the top PDP chieftain who now act as a law unto himself and the Delta State Government through it agencies are aiding him to disregard courts orders.
When our team visited the site the bulldozer we saw has this name Geecoms Integrated Services Limited pasted on it, a company of the PDP chieftain who want to create a road out of other properties. This has aroused further suspicious, making people to question if Delta State Government awarded the contract for the grading of the road to a party to the dispute in Court.
