Anambra House of Assembly Lacks Jurisdiction to Intervene in Matter Before the Courts – Onitsha South LGA

The mayor of Onitsha LGA Hon Emeka orji with LGA sign post

By Eche Nwaobasi – Nnewi/Onitsha

The Onitsha South Local Government Area (LGA) of Anambra State has explained its decision to initiate legal proceedings against the Anambra State House of Assembly following the latter’s recent intervention in the council’s acquisition of a parcel of land located at Silas Road, Fegge, Onitsha.

The land is allegedly owned by an Onitsha-based businessman, Chief Bar Sabest Uzoeto.

Addressing journalists during a press briefing held recently at the local government secretariat,organized by the local government management to present its position on the matter,the Secretary to the Council, Mr. Paul Onuachalla, Esq., stated that the State House of Assembly lacks the constitutional authority to intervene in the dispute.

He said that the Assembly’s actions amount to a usurpation of judicial powers vested exclusively in the High Court, which is already seized of jurisdiction over the case.

Mr. Onuachalla further maintained that the land in question is rightfully the property of the local government.

According to him,the land is intended for the urgent construction of a fire service station within Onitsha South LGA, a project undertaken in accordance with the amended Anambra State Local Government Administrative Law of 2004. He noted that under this statute, the local government possesses the legal right to acquire land for public development projects.

Regarding the findings recently issued by the House of Assembly, Mr. Onuachalla dismissed them as unwarranted and intrusive.

He referred to an originating summons filed by the Mayor of Onitsha South LGA, Chief Emeka Joseph Orji, at the Onitsha High Court (Suit No. O/150/25), which seeks a judicial determination on whether the State House of Assembly has any authority under Sections 128 and 129 of the Constitution of the Federal Republic of Nigeria (as amended) to adjudicate ownership disputes involving land and property.

Affirming the local government’s commitment to the rule of law and the doctrine of separation of powers, Mr. Onuachalla highlighted that prior to the House Committee on Public Petition’s report, the parcel of land had been subject to multiple litigations pending before various courts of competent jurisdiction within the state.

He further stated that law enforcement agencies are conducting investigations regarding the matter.

He added that several claimants, including Chief Bar Sabest Uzoeto, are contesting ownership of the land.

Contributing to the discussion, Bar Stanley Okafor, the Legal Adviser to Onitsha South LGA, described the Assembly’s findings as a mere pretext and a futile exercise.

Expressing strong disapproval, he characterized the Assembly’s report as a “kangaroo exercise,” pointing out that the issue is sub judice,currently under adjudication by a competent court.

Bar Okafor lamented that instead of consulting the local government to ascertain the facts, the Assembly unlawfully took it upon itself to interfere in a matter that rightly belongs to judicial resolution.

When contacted for comment, Chief Bar Sabest Uzoeto declined to respond extensively, stating that he is confident of his rightful ownership of the land, supported by relevant documentation obtained from the state government agencies responsible for land matters.

He further expressed that the mayor’s actions represent an unfortunate display of ignorance, describing Chief Emeka Orji’s interference with his land as “comical and laughable.”