An activist, Dr. Ifeanyichukwu Okonkwo has threatened to institute legal proceedings against the Governor of Anambra State, Professor Charles Soludo and two other public officers for attempting to alter the “Land Use Act” through a proposed land title revalidation and recertification in the State.
Okonkwo issued the threat in a pre-action notice to the Secretary to the Anambra State Government, the Attorney-General and Commissioner for Justice, Anambra State and the Commissioner for Lands, Survey and Urban Planning, Anambra State.
The pre-action notice was dated October 22, 2024 and titled, “In The Matter of Intention to Institute Legal Proceedings against the Government of Anambra State, Public Officer/Attorney-General and Commissioner for Justice Anambra State & ANOR.”
Recall that the Anambra State Government had in a public notice through the Ministry of Lands, announced the commencement of the mandatory Revalidation and Recertification of all land title documents, including those of both State and Private Lands.
The public notice dated October 15, 2024 and signed by the Permanent Secretary, Ministry of Lands, Mrs. Nkeiru Mokwe Esq., for the Commissioner, directed all land owners in Anambra State to visit the Ministry of Lands Awka, to recertify and revalidate their title documents and landholdings.
Quoting the public notice, “this initiative aims to review and update land records, enhance plot holder information, and upgrade survey records from Nigerian/local coordinates to Universal Transverse Mercator (UTM) standards and also strengthen property title security and ensure compliance with State regulations in line with global best practices.”
But in his pre-action notice, Okonkwo who is an indigene of Nnobi Community in Idemili South Local Government Area of Anambra State, described the proposed “Re-Certification” and “Revalidation” of Land documents in the State as an attempt to alter the Land Use Act 1978.
According to him, the proposed exercise is illegal, unconstitutional, null and void, ab initio.
The pre-action notice read: “Pursuant to Section 11(2) (a) & (b) of the State Proceedings Law, Revised Laws of Anambra State of Nigeria, I write/issue Pre-Action Notice to the Government of Anambra State of Nigeria, the Attorney-General and Commissioner for Justice, Anambra State and the Commissioner for Lands, Survey and Urban Planning, Anambra State on my behalf.
“Dr. Ifeanyichukwu Okonkwo, rights activist, hereby issues legal notice to commence legal action after 90 days in Re: Notice of Re-Certification and Revalidation of All land Title Documents in Anambra State (State and Non-State Lands).
“By the combined provisions of Sections: 5 (1), 6, 8,9,26 and 46 of the Land use Act of 1978, and the Federal land in Anambra Territory,
“Course of Action: Notice of Re-Certification and Revalidation of All Land Title Documents in Anambra State (State and Non-State Lands).”
“The particulars of my claims against the proposed defendants include declaratory reliefs, directing orders, injunctive relief and exemplary damages.
“Having due regard to the Land use Act, 1978, its Pre-Eminence in the administration of Land in Nigeria, mindful of the existence of Federal Land in Anambra Territory, particularly the community reading of Sections 5 (1), 6, 8,9,26 and 46 of the aforementioned Land use Act.
“Take Notice that your purported “Public Notice” dated 15th October, 2024, Ref. PS/ML/2024/CR/156 authored by one Mrs. Nkeiruka Mokwe Esq. Permanent Secretary, for Mr. Commissioner, is in flagrant violation of the Federal Law embodied in the Constitution of the Federal Republic of Nigeria (as amended). That your said act, holding yourself out as purportedly altering the Land Use/Introduction of so-called “Re-Certification” and “Re-validation” of Land documents, is illegal, unconstitutional, null and void ab initio. Therefore, of no legal consequences.
“Further Take Notice: Renewal and Re-issuance: While the lease period covered by a Certificate of Occupancy is long (usually 99 years), it is critical to be aware of its expiration date and requirements for “renewal” to maintain legal ownership and avoid potential disputes.”
Alleged constitutional violation: Activist threatens to drag Soludo to court