WEDNESDAY February 19, 2025 | TheNewsDESK

Two firms have dragged the Akwa-Ibom state government and three others before a Federal High Court sitting in Uyo, the state capital over allegation of forceful take over of land measuring 1,805 hectares, BluePRINT reports.

The claimants in the matter, Viro-Tech Project Limited and Serob Legends Resort Limited, are praying the court for N31 billion damages.

The matter, pending before Justice Eme Ekong of the court, is not unconnected with allegations of enchroachment, land grabbing, and forceful takeover of the massive property belonging to Serob Legends Resort Limited.

In May 2024, Mrs Nsidem Etuk, who claims to be the owner of the property, raised an alarm, accusing the state government of forceful take over of the property.

The said property measuring approximately 1,805 hectares is located at the demarcated portion of NITEL Property at Dominik Utuk Avenue, formerly known as Brooks Street, Uyo

The state government, led by Gov. Umo Eno, on Saturday, February 1, 2025, performed the groundbreaking for the construction of a Security Command and Control Centre at the said portion of land.

The governor, during the ceremony also announced that the property would equally accommodate three other projects, including the Akwa Ibom Broadcasting Corporation (AKBC) House, the Headquarters of Akwa Ibom Investment Corporation (AKICORP) and Akwa Ibom Geographical Information System (AkwaGIS) head office.

The arrangement by the state government assumes full ownership of the property, especially as the government did not pay attention to pleas by Mrs Etuk since last year.


The defendant, in the matter, responded to the originating summons prepared by Counsel to the Claimants, Adeboro Adamson SAN, and others, dated June 24, 2024.

The matter with Suit No: HU/243/2024 has Viro-Tech Projects Limited and Serob Legends Resort Limited as Claimants, while the Governor of Akwa Ibom State, Akwa Ibom State Government, Ministry of Lands and Water Resources and Attorney General of Akwa Ibom State are 1st to 4th Defendants.

With a 52-paragraph Statement of Claim, 59-paragraph Witness Statement on Oath, and 17 list of documents attached, the matter seeks: “A Declaration that the Claimants are the rightful owners of All that property measuring approximately 1.805 Hectares (18,504.00 sqm) situates at the Demarcated Portion of NITEL PROPERTY as contained in the Survey Plans being along Dominic Utuk Avenue, formerly known as Brooks Street, Uyo, Uyo Local Government, Akwa Ibom State, partly comprised in the Certificate of Occupancy No. 2/2/71 dated 2nd July 2001, granted by the President of the Federal Republic of Nigeria.”

Asking the court to declare them as valid, legal and subsisting owners of the property, the Claimants seek a declaration that the Defendants do not have any legal capacity, authority, or power, to forcibly enter, demolish, destroy, develop or takeover the Claimants’ parcel of land.

The Claimants seek a declaration that the “Defendants’ acts of forcibly entering, violently destroying, callously demolishing and warful takeover of the Claimants’ parcel of land is unlawful, illegal, and untra vires to Section 49(1) & (2) and 50(2) of the Land Use Acts, (1978) and all other applicable laws.”

While praying the court to declare the Defendants action as unlawful, which amounts to trespass, the Claimants asked for an Order of perpetual injunction restraining the Defendants, from committing any further act of trespass whatsoever, and pay the sum of N1,000,000,000 only as exemplary damages.

They also urged the court to award the sum of N30,120,050,000 as specific damages against the Defendants in favour of the 2nd Claimant for willful destruction and violent demolition of structures in the property.

It could be recalled that Otunba Olusola Adekanola has been a reputable property firm that served as Federal Government’s Liquidator during the privatisation era of the Obasanjo/Abubakar administration.


NITEL was one of the federal government’s properties, sold out to a private individual in 2007.

Extracts of the “Deed of Conveyance” between NITEL TRUSTEES LTD (In Liquidation) through its Liquidator, Otunba Olusola Adekanola SEROB LEGENDS RESORT LTD, reads thus in parts:

“The NITEL TRUSTEES LTD was in March 2005 incorporated under the Companies and Allied Matters Act (Cap 59) LFN 1990 with CAC RC No. 618331 as a legal entity for the management of NITEL Staff Pension Fund (The Fund), which was created for the benefit of NITEL Staff in order to cater to the pensions and gratuities of the employees.

“The Nigerian Telecommunications Plc, the parent company of the Fund, being a Government owned company and based on the privatisation policy of the Federal Government, acting through the Bureau of Public Enterprises (BPE), was to settle all outstanding staff benefits since it became necessary not to continue with the operation of the Fund.

“Sequel to the paragraph ‘2’ of the recital above, Trustees of the Fund held an Extraordinary General Meeting of the Board of Trustees wherein a special resolution was passed on the 8th Day of February, 2007 to wit, winding up the NITEL TRUSTEES LTD which hitherto operates the NITEL Staff Pension Fund at the Federal High Court, pursuant to the Companies and Allied Matters Act (CAP 59) LFN 1990.

“By an order of Hon. Justice Abimbola Ogie of the Federal High Court Abuja granted on the 28th of March, 2007 and by a letter dated 12th February, 2007 from the Bureau of Public Enterprises, Otunba Olusola Adekanola was appointed as the Liquidator for the assets held by NITEL TRUSTEES LTD.

“By virtue of a Deed of Conveyance between NITEL Plc and NITEL TRUSTEES LTD, the later (NITEL TRUSTEES LTD) became the owner of all the property as demarcate portion of NITEL property along Dominic Utuk Avenue (formerly Brooks Street) Uyo Local Government Area.

“Following the request for Expression of Interest/Submission of Bids published by the Liquidator in the National Newspaper, for the sale of the said property, and after receiving bids in respect of same, the Assignee became the preferred bidder in respect of the said property, which said sale to the Assignee, the Committee of Inspectors overseeing the liquidation process has approved at its Committee of Inspecton meeting at NPE Headquarters, Abuja, dated the 16th May, 2007.

“The Assignor is desirous of transferring its unexpired legal and equitable rights and interest in the property to the Assingee, and the Assignee is willing to take the same subject to the terms and conditions contained herein:

“In consideration of the agreed sum paid by the Assignee to the Assignor (the receipt whereof the Assignor hereby acknowledge), and subject to obtaining requisite consent of the appropriate authority to this Deed, the Assignor hereby assigns all its rights, titles and interests in and to all that property situate as the Demarcated portion of NITEL along Dominic Utuk Avenue (formerly Brooks Street) Uyo Local Government Area, Akwa Ibom State, Measuring 8,204.127 Square Metres and more particularly described in the schedule to this Deed to the Assignee free from encumbrances….”

An “Offer of a Leasehold Interest”, generated by Otunba Olusola Adekanola, dated March 15, 2016, addressed to SEROB LEGENDS RESORT LTD, stated that the Assignee had emerged preferred Bidder and was fortunately chosen to take over the ownership of the property.

The four-page document reads thus in parts: “I am pleased to inform you that you have emerged the preferred Bidder of the property on ‘as is’ basis at the stipulated price therein after referred to as ‘The Consideration’.

“Within 60 days from the receipt of this Letter of Offer, the Consideration shall reach the Liquidator. In addition to the payment of the Consideration, a sum equivalent to Five per cent (5%) of the Consideration which shall be the transaction cost referred to in Paragraph 3 above shall be paid.”

Again, a “Letter of Authority” by Otunba Olusola Adekanola addressed to SEROB LEGENDS RESORT LTD on March 15, 2016 acknowledged the full payment for the purchase of the property and thereafter conveyed full ownership to SEROB LEGENDS RESORT LTD.

The letter reads, “Pursuant to your ‘Letter of Acceptance’ of Offer of a Leasehold Interest in NITEL MTEL PENSION FUND in Liquidation, we hereby acknowledge the payment of the purchase price of the property known as NITEL Property located at Dominic Utuk Avenue (formerly Brooks Street), Uyo Local Government Area, Akwa Ibom State, Measuring 8,204.127 Square Metres.

“Furthermore, you are hereby informed that your payment of the payment price of the said property confers on you all and full legal rights as the bonafide owner of the said property.

“This letter authorises you to legally deal with the property and take full possession of same.”

Commenting on the legal implication of what appears like a trespass and forceful takeover of property, a lawyer, Stephen Edem, regretted that the State Government may not have been properly briefed.

He said it was unjustifiable to take over property without proper contractual correspondences, a situation he said may make the government liable for severe damage.

He said, “The pending application served the government is asking for injunction. From what you have said, the government has responded to the application, and ordinarily, they should have maintained status quo ante bellum and not rush to perform a groundbreaking or even develop the property.

“It is inappropriate that the Akwa Ibom State Ministry of Justice has not properly advised the government, that while the case is in Court, the government is meddling into the said property.

“Assuming that the Court resolves the case in favour of the Claimant, it means that the government will lose the property, no matter the magnitude of investment made on it. That is why the government should have waited for the outcome of the suit.

“While the case is in court, we have seen government doing groundbreaking with the intention to do lofty projects on a property that belongs to other people. So I believe that the government is ill advised.

“If not for anything else, but because there is a pending suit, nothing should be going on in that place. Like you have informed me, their interlocutory injunction that parties want to consider will be heard on 12th February.

“One of the major things the court looks at when there is interlocutory application is whether the parties have interest. What was the initial plan of the parties in the property? If it was supposed to be a hotel, is that vision still being maintained by the government?

“It is unfortunate that the government has been ill-advised and would potentially face a series of hurt and damages to be paid with taxpayers’ money. So much of the damages will still be paid to the owners of the property.”