Court Restraints Cross River Government From Evicting  Cocoa Allottees 

From Ene Asuquo, Calabar 

Cross river state government has been ordered by a High Court in Effraya, Etung local government Area of the State to stop harassing and evicting Cocoa allottees in the area.

This was contained in a ruling by the court granting an order of  interlocutory injunction asking the state Government not to evict  allottees of 1,415 hectares of small holders scheme from government owned cocoa estate.

Justice Ebri Eno, who presided over the matter in suit NO HE/16/2024 between Mr. Charles Mgbe, others as claimants, and the Cross River State government as defendants,  however  ordered  defendants not to evict the allottees from their  cocoa  farms that they were already occupying, pending hearing and determination of matter in court. 

The presiding judge delivered the ruling granting application for  injunction which was conceded to by counsel to the defendants W S Ogar.and however adjourned the matter for hearing to July 18, 2024.

Giving  insight on the order, counsel to claimants, Ntufam Mba Ukweni (SAN), said,  “The  order of injunction restraints the  defendants, their agents, servants, cohorts assigns, collaborators, or privies in whatever guise they may assumed,  from harassing, threatening, intimidating evicting  from or attempting to evict, leasing or interfering with the claimants rights, over the hectares of cocoa farm land  in the government cocoa estate

“Already leased and allocated to them by the government of Cross River State under the small holders scheme at the Cross River state cocoa estate which the claimants had paid for.

“The  injunction is to last pending determination of the substantive suit.

“Nobody is to disturb the claimants in their position and use of the land. The order is very clear, as to the extent to which it has gone. 

“If we perceive any one taking a step to interfere with that position, of the area, we will go after that person for contempt no matter how highly placed, Because we see it as an affront to the rule of law and to the judiciary. 

“I make bold to say that by the grace of God having risen to the level of rank of Senior Advocate of Nigeria SAN. We are like guardians of the threshold” Ukweni queried.  

“Besides the fact that it’s a matter which I am involved in. Even if it’s a matter which I am not involved in, we cannot sit back and see anybody no matter how highly placed that the person makes nonsense of the judicial system” he stated.

“The claimants are in possession of the land. They have been given allocation. We have agreements, signed by the government.

“The agreement was prepared by the attorney general of Cross River state and  money paid into coffers of the State internal revenue account and not paid into account of a particular individual”Ukweni queried.

In his response in a telephone conversation, counsel to the defendants Wodah Ogar, said the order you heard pronounced  by the court, is an interlocutory application for  status quo to be maintained and nothing else.