The community accuses the state government of frequently acquiring lands on the pretext of carrying out development projects, but would turn around to share the land among government officials and others.
A community in Enugu State has sued the Enugu State government for allegedly acquiring their land illegally.
The community, Umuchigbo Iji Nike in Enugu East Local Government Area of the state, filed the suit at a State High Court in Enugu on 4 August.
The state's attorney-general and commissioner for lands and urban development are joined as defendants in the suit.
The government was said to have forcefully acquired the land in 2020, prompting the community to file the suit on the grounds that they were not properly consulted in line with the extant provisions of the law guiding land acquisition, and that they had not been compensated.
They accused the state government of frequently acquiring lands in the community on the pretext of carrying out development projects, but would turn around to share the land among government officials and others.
Justice Paul Ugwueze, in his ruling on Thursday, ordered the state government and the community to refrain from entering the land pending the hearing and determination of the motion on notice for interlocutory injunction.
The plaintiffs initially asked the vacation court to grant their motion on notice for interlocutory injunction.
But the court declined the plaintiff's motion because of the length of time the matter would take before the expiration of the vacation.
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The judge explained that he would not be able to deliver a ruling before the expiration of the vacation, and advised the parties to move to a regular court to argue their motion for interlocutory injunction.
The plaintiffs, through their counsel, Onyema Nwokeiwu, however, made an application to the court seeking an order that "status quo ante bellum" be maintained by both parties pending the hearing for motion for interlocutory injunction.
After entertaining arguments from counsels to both parties, Justice Ugwueze granted the application.
Counsel to the plaintiffs, Mr Nwokeiwu, told reporters after the ruling that although the law empowers the governor to acquire any parcel of land within the state, he must follow the due procedures and law guiding such acquisition.
"One of them is that before you acquire land from the original owners, you must show that you are compulsorily acquiring it for overriding public interest. Secondly, you must ensure that compensation is paid to original owners and occupiers of the land," he said.
"In this case, the people are saying (the latest acquisition attempt) is not for overriding public interest in view of their past experiences," Mr Nwokeiwu added, saying that the processes were not followed by the government.
The suit was adjourned till 20 September, 2022.
