A civil rights coalition, the Civil Rights Realisation and Advancement Network (CRRAN) has written President Bola Tinubu seeking his intervention to halt the demolitions of properties of lessees and occupiers of Railway land in Ogui, Enugu, Enugu State.
The group is saying that the Railway Corporation lacks the power to alienate or transfer railway land to the Enugu State Government.
In a letter to President Tinubu signed on Tuesday by the CRRAN President, Olu Omotayo Esq., the group said it is the position of the law that the Corporation cannot legally and validly alienate or transfer to Enugu State government land for purposes other than railway purposes.
The letter read; “This position of the law was clearly stated in the case: In AG LAGOS STATE V. AG FEDERATION & ORS (2003) LPELR-620(SC) (Pp. 84-86 paras. F)
“…Whether on railway land or on land other than railway land. Sections 31 to 34 of the Act, deal with the powers of the Corporation in relation to land. These include preliminary investigation of land required for railway purposes and compulsory acquisition of land as well as restriction on the Corporation on alienation of lands on which rights of occupation have been granted to it.” Per UWAIS, J.S.C. in AG LAGOS STATE v. AG FEDERATION & 36 STATES OF NIGERIA (2003) LPELR-620(SC) (Pp. 84-86 paras. F).
“So the position of the law according to the Supreme Court is that there is restriction on the Railway Corporation to alienate any of the Corporation land.
“This decision is very important because it was a judgment delivered by the full house of the Supreme Court in a case brought by the Lagos State government during the Tenure of President Tinubu as the Lagos State Governor.”
The group insisted that whoever acted on behalf of the Railway Corporation to transfer the said land, acted contrary to the provisions of Sections 31 to 34 of the Nigerian Railway Corporation Act Chapter 323, Laws of the Federation of Nigeria, and therefore the said transfer for construction of modern motor parks is unlawful, illegal, null and void ab initio.
The letter continued;
“More importantly we are aware that there is a decision of the Federal High Court Enugu, Presided over by Honorable Justice M. G. Umar in Suit No. FHC/EN/CS/168/2023, MESSRS U. MADUKA & 10 OTHERS V. ENUGU CAPITAL TERRITORY DEVELOPMENT AUTHORITY & 6 OTHERS, in respective of this matter which the court held that the state government lacks the power to remove the Plaintiffs on the present land in question.
“Furthermore, the court observed that counsel to the Railway Corporation and the Railway Properties informed the court that they were not aware or consulted by the state government in respect of the forceful occupation of Railway land.
“It is surprising that a democratically elected government can ignore or dismiss a judgment of court with impunity without appealing against the said judgment.
“So the Continuous demolition of the properties of the Lesses and Legal occupiers by the Enugu State government is illegal and unlawful because it is only the Railway Corporation who can refuse to renew the lease granted to these occupiers after the expiration of their leases.
“It is noteworthy that over two banks have been knocked down in these illegal activities of the state government and the Ohha Microfinance Bank and GTB Bank have been given notice today that their Properties would be knocked down on Wednesday 15th May 2024.
“Another painful aspect of this demolition is the demolition of OSISATECH Polytechnic, which has greatly catered to the educational needs of youths in this country for over 3 decades. The question is ‘How would a responsible government demolish an educational institution because it wants to build a motor park?’”
The CCRAN, while noting that the hallmark of democracy is the observance of the Rule of Law, maintained that it amounts to executive recklessness for any government within the Federal system to disobey the judgment of a court of competent jurisdiction with disdain.
It further said the alienation of Railway land to the Enugu State government for purposes not connected with railway business is unlawful and a great embarrassment to the Federal Government and the nation.
“The provision of the law is clear and the Supreme Court of Nigeria has ruled on it. We demand an urgent Intervention from the Federal Government to halt these unlawful acts and demolitions by the Enugu State government and Revert the land to the Railway Corporation.
“We submit that in a democracy agencies of government must act per the law establishing them. Even the minister of transport lacks the power to alienate railway land for other purposes.
“We demand a thorough investigation into this matter to know the officials of Federal Ministry of Transport and Railway Corporation who infamously alienate Railway Corporation land to Enugu State government for purposes against the provisions of the Railway Act,” the group demanded in the letter to the President.
