Tension in Anambra as landlords threaten government with legal action over land variation

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By Madu Obi

The Landlords of Udoka Layout, Abata Nsugbe, Anambra East local government area of Anambra State, have threatened to drag the state government to court following the decision of the state Ministry of Land to embark on variation of all the plots in the layout.

The occupants of the layout comprise bona fide landowners and residents who are in long-standing possession of various plots and developed properties within the layout.

The state Ministry of Land, through the director of Town Planning, Onyeji Ifeyinwa, had, on December 24, 2024, issued a public notice to the occupiers in the layout, informing them of the variation.

But the solicitor to the landlords, Ada Udobi, said on Tuesday that after careful consideration of the contents of the notice, the landlords have formally objected to the variation and have vowed to resist it.

Udobi, in a letter addressed to the Commissioner for Lands, observed that the said variation was carried out without any consultation, notice, or engagement with those concerned, despite their status as major stakeholders and indigenous allottee of the land in question.

The letter read in part: "Our client was neither informed nor involved in the town planning scheme, nor in any process relating to the variation of land use, including the re-designation of plots as 'public uses,' 'open spaces,' or other public facilities within the layout."

The area designated as Central Park/Community Plot was originally allotted by the indigenous Ogwari Community, the customary owners of the land, in accordance with native law and custom.

"Our client is not aware of and does not recognize the specific plots that were reclassified for public or open uses as listed in the publication. The manner and criteria for such reclassification remain unclear, arbitrary, and unacceptable to our client."

She said that despite holding original freehold allocation papers for their respective plots, there have been unauthorized and fraudulent issuance of alternative documents described as “kola tenancy” to the landlords.

According to Udobi, the kola tenancy term is alien to the Udoka Layout Landholding System, and unknown to her client, describing the action as an affront to the integrity of land tenure within the community and a source of potential conflict.

"The said variation appears to have been executed in contravention of statutory planning procedures, including the principles of public participation, stakeholder engagement, and respect for customary land rights.

Our client strongly objects to the arbitrary variation of the Udoka Layout (Planning Scheme – 2001) and calls for an immediate suspension of all actions, pending proper dialogue, community engagement, and possible review.

Our client reserves the right to seek appropriate legal redress if this objection is not given due consideration.

We respectfully urge your office to give this objection the urgent and fair attention it deserves in the interest of peace, equity, and justice", Udobi said.