Saturday, 05 December, 2020

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Abba, Ukpo land tussle: Supreme Court judgement final, says High Court


Anambra State High Court sitting in Nneni  has ruled that Supreme Court’ judgment cannot be reheard by any other court in the country. 

Justice Onyinye Anumonye of the court, while delivering judgement on a matter brought before it by some indigenes of Abba community of Njikoka Local Government Area, where the famous novelist, Chimamada Adichie, hails from against Ukpo community, held that the reliefs sought in the motion by the applicants contain issues that had already been decided by the Supreme Court.

In his words: “The ruling of the Supreme Court is final and its finality is unchallengeable.”

Justice Anumonye said no matter, under any guise, brought under the court against Supreme Court judgment, can be entertained or reheared by any court. He cited very relevant sections of the constitution in relation to the finality of the Supreme Court judgement. He said the judgment of the Supreme Court on the consolidated matter before the apex court on February 15, 2019 dealt extensively on the issues in the Ukpo/Abba community case, which formed part of the issues in the motion before the court.

Justice Anumonye said he had exhaustivey looked at the issues canvassed by the applicants and he was of the view that after the Supreme Court judgement, all issues  relating to the Ukpo/Abba case are contained in the consolidated suit and are laid to rest permanently.

In suit number AA/53/75 and AA/11/77 motion number NN/70M/2020, three indigenes of Abba community as plaintiffs sought the court’s reliefs on some issues as to be heard by the court. The judge maintained his stand that the Supreme Court had on February 15, 2019 dismissed the suit and there is no way any issue related to it can be entertained in any court in the land.

With series of authorities cited and various Supreme Court decisions studied, the court concluded that the matter could not be heard and therefore dismissed the suit.

The plaintiffs were represented in the matter by Arthur Obi-Okafor (SAN), while the respondents were represented by Dr. J.O. Ibik (SAN), E

O. Ibegbu (SAN). J Egwuonwu and IK Anah also appeared for the defendants.

The protracted land case between Abba and Ukpo, which lingered for over 50 years, was laid to rest on February 15,  2019 when the Supreme Court dismissed the suit filed by Abba Community against Ukpo communities.

Credit: The Sun

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