By Matthias Ogbagah
UGHELLI – Special Assistant (SA) on community development to the executive governor of Delta State, Evangelist Nicholas Evwienure has dragged the state governor, Rt. Hon. Sheriff Oborevwori, the executive chairman of Ughelli North, Hon. Jaro Egbo, Nigeria Army, and Nigeria police to High Court of Justice, Ughelli judicial division for purported eviction.
In an originating summons with Suit No.UHC/288/2024, the claimant, Evangelist Nicholas Evwienure, is challenging the state governor, Rt. Hon. Sheriff Oborevwori, the Ughelli north council boss, Hon. Jaro Egbo, Commissioner of Police Delta State, the Nigeria Army, and Delta Development and Property Authority (DDPA).
The claimant, under sections 6, 36, and 46 of the constitution of the Federal Republic of Nigeria 1999 (As amended), seeks the interpretation of the provisions of the rent control and recovery of residential premises law of Delta State.
“LET the Delta State Government, Delta Development and Property Authority, the Executive Chairman, Ughelli North Local Government Area., the Commissioner Of Police, Delta State, and the Commander, Nigerian Army, Delta State within 30 days after the service of this summons on each of them, inclusive of the day of such service, to cause an appearance to be entered for each of them to this summons which is issued upon the application of EVANG. COMRADE NICHOLAS EVWIENURE, the Claimant, claims for declarative and injunctive reliefs against the Defendants upon the determination of the following question:
“WHETHER having regards to the express provisions of the Rent Control and Recovery of Residential Premises Law of Delta State can the 1st to 5th Defendants, their agents, and subordinates conduct themselves illegally and unfairly to forcefully evict the Claimant from Flat H, Block 6 Ughelli/Ogor Government Housing Estate in Ughelli North Local Government Area, Delta State of Nigeria.
In anticipation of the above question being resolved in the negative, the claimant seeks the following declarative and injunctive reliefs against the Defendants jointly and or severally.
1. A Declaration that having regards to the express provisions of the Rent Control and Recovery of Residential Premises Law of Delta State, the 1 to 5th Defendants, their agents, and subordinates cannot conduct themselves illegally and unfairly to forcefully evict the Claimant from Flat H, Block 6 Ughelli/Ogor Government. Housing Estate in Ughelli North Local Government Area, Delta State of Nigeria.
2. AN ORDER of perpetual injunction restraining the 1st to 5th Defendants jointly or severally, their agents and subordinates from conducting themselves illegally and unfairly to forcefully evict the Claimant from Flat H, Block 6 Ughelli/Ogor Government Housing Estate in Ughelli North Local Government Area, Delta State of Nigeria.
3. AN ORDER of this Honorable Court directing the 1st to 3rd Defendants to follow the due process of Law as contained in the provisions of the Rent Control and Recovery of Residential Premises Law of Delta State in evicting the Claimant from Flat H, Block 6 Ughelli/Ogor Government Housing Estate in Ughelli North Local Government Area, Delta State of Nigeria.
This originating summons was taken out by S.O OROTOMAH ESQ.
The Defendants may appear hereto by entering appearance personally or by Legal Practitioner either by handing in the appropriate forms duly completed at the High Court Registry of the Ughelli Judicial Division of Delta State or by sending them to that office by post.
The Claimant in an affidavit in support of the originating summons, made an oath and stated as follows:
1. That I am the Claimant herein and by same, I am eminently conversant with the facts herein deposed to.
2. I am the Pioneer National President of the Urhobo National Youth Congress (UNYC), and currently, I am the chairman of the Board of Trustees of Urhobo National Youth Congress (UNYC) Delta State.
3. That sometime in the year 2008, we the members of the said Urhobo National Youth Congress (UNYC) Delta State wrote a letter to the then Governor of Delta State His Excellency, DR. EMMANUEL UDUAGHAN, the Former Executive Governor of Delta State titled A Letter of Notification to Maintain and Occupied the Abandoned Government Housing Estate Ughelli-Ogor, that during the hearing of this application, I shall found and relay on the said document.
4. in the same year, 2008, we were called to Asaba, and we were given the go-ahead to Maintain and Occupied the Abandoned Government Housing Estate Ughelli-Ogor, Delta State of Nigeria.
5. That in the year 2008, we, the members of the Urhobo National Youth Congress (UNYC) Delta Stat,e, started to maintain the entire Government Housing Estate Ughelli-Ogor, Delta State of Nigeria.
6. in the same year 2008 I started occupying Flat H, Block 6 Ughell/Ogor Government Housing Estate in Ughelll North Local Government Area, Delta State of Nigeria
7. That from the said year 2008 til date, I am in exclusive possession of the said Flat H, Block 6 Ughell/Ogor Government Housing Estate in Ughelll North Local Government Area, Delta State of Nigeria
8. That in the year 2012 the then Honorable Commissioner for Housing CHIEF PAULINUS AKPEKI Invited the members of the Urhobo National Youth Congress (UNYC) Delta State to Asaba for a solidarity meeting where the said CHIEF PAULINUS AKPEKI commended our patriotic Initiative and further granted the body approval to keep on maintaining of the Government Housing Estate Ughelli-Ogor till further notice.
9. That in the year 2021 one MR. BAMIDELE AIYEYINA came up with a letter of introduction that he is a staff of the 2nd Defendant and that his mandate is to compliment the Urhobo National Youth Congress (UNYC), Delta State to establish the 2nd Defendant DDPA Area Office in Government Housing Estate, Ughelli-Ogor and we helped to facilitate the DDPA Area Office in Government Housing Estate, Ughelli-Ogor.
10. That sometime in the year 2023/2024, the 2nd Defendant, through the said MR. BAMIDELE AIYEYINA came up with the issue of rent that all occupants of the said Government Housing Estate, Ughelli-Ogor, should, with effect from the 1st day of January 2025, be paying annual rent for the occupation of each Flat of the Estate.
11. That I made a transfer of the sum of One Hundred and Fifty Thousand Naira (N150,000.00) as a yearly rent for January 2025 to December 2025 to the 2nd Defendant through the sales staff of the 2nd Defendant MR. BAMIDELE AIYEYINA
12. That my annual rent is expiring on the last day of December 2025.
13. That on the 9th day of December 2024 Honorable JARE EGBO the Executive Chairman of Ughelli North Local Government Area of Delta State with his political thugs and some security personnel visited my apartment at Flat H, Block 6 Ughelli/Ogor Government Housing Estate In Ughelli North Local Government Area, Delta State of Nigeria and Intimidated, harassed, molested and threatened my wife and my children and gave us orally one week notice to quit my apartment which I have paid for.
14. That as a Politician and a 2024 PDP Chairmanship Aspirant in Ughelli North Local Government Council where I contested the PDP primary election with the 3rd Defendant which I was robed for him.
15. I strongly believe that his actions are motivated towards Political victimization, vendetta, and oppression as a result of reducing my Political strength in the future election coming in the year 2027.
16. That the said 3rd Defendant boasted that all the Defendants were coming to my house on the 15th day of December 2024 to forcefully, illegally, and unfairly evict me from my said apartment at Flat H, Block 6 Ughelli/Ogor Government Housing Estate in Ughelli North Local Government Area, Delta State of Nigeria
17. That the said 3rd Defendant boasted that he is the Executive Chairman of Ughelli North Local Government Area, Delta State of Nigeria and that he has the Executive powers to throw me and my family out of the said apartment without any due process whatsoever in
disregard and disrespect to the prevailing Law in force in Nigeria, particularly concerning the Rent Control and Recovery of Residential Premises Law of Delta State.
18. That if the Defendants succeeded in forcefully, Illegall, and unfairly evicting my family members and me from the said Flat H, Block 6 Ughell/Ogor Government Housing Estate in Ughell North Local Government Area, Delta State of Nigeria, we shall face untold hardship in all circumstances.
19. That unless this application is granted, the Defendants shall illegally, unlawfully, and unfairly evict the members of my family and me from the said Flat H, Block 6 Ughelli/Ogor Government Housing Estate in Ughelli North Local Government Area, Delta State of Nigeria.
20. That it will be in the overall interest of justice to grant the reliefs sought in this case.
21. I make this Affidavit in good faith, believing the same to be true and correct and by the oath law currently in force in Delta State.
You May Also Like
Posted in
News
Tinubu hails Finland for Simon Ekpa’s arrest
Posted by
admin
Posted in
News
Court Sends Bishop To 20 Years In Prison For Raping Minor
Posted by
admin
Posted in
News
Police, DESTMA To Improve Traffic Management, Enforce Safety Compliance
Posted by
admin