Onitsha Motor Park Controversy , IGP , Anambra CP Risk Jail For Court Contempte Brought By Mic Merah International Agency

                                        

The federal High court sitting in Awka Anambra State and presided over by I .Gafai has fixed May 27^th for the commencement of  hearing on court contempt charged against the Inspector General of Police Alhaji Abubakar Mohammed, the Anambra State Police Commissioner Alhaji Usuman Gwari and ogbaru Local government by an Onitsha Based Business Mongul Chief Mikeal Emerah and Mic Merah International Agency Ltd for disobedience of an order of the court granted the plaintiff sometime in 2012.

The presiding judge of Awka Federal court of justice I. B. Gafai granted the order which reads in part “that from 48 and 49 with respect to the disobedience of court order be served on the respondents by substituted service, by serving same on their Agents who is the Head of legal department known as o/c legal at the Nigeria police Head quarters Awka and for such further order or other orders as the honourable court may deem fit to make in the circumstance”.

The order was sequence to a motion Ex-parte dated and filed on the 8^th day of April, 2014 by the counsel to the plaintiff Chief Nnamdi Ibegbu (SAN) praying the court for an order of a substituted service on the Inspector General of Police, Commissioner of police Anambra State Police command and Ogbaru Local Government stating that the court beliefs are finding it extremely difficult to serve the earlier order granted them directly on the respondents as provided by the law.

The certified true copy (CTC) of the order paper made available to the press reads in parts “that after listening to the submission of the counsel and perused the process it is hereby ordered as follows. That motion is granted in terms of the lone order sought on the motion paper.

The suit is hereby adjourned to 27^th May, 2014 for hearing of the contempt proceedings.

It would be recalled that the court had earlier this month served a notice of committal (Form 48) on the Inspector-General of Police, IGP, the Assistant Inspector-General of Police, AIG, Zonal 9, Umuahia, Anambra State Commissioner of Police and the Chairman of Ogbaru Local Government Area of Anambra State for failing to comply with the court directive.

The notice, entitled: "Notice of consequence of disobedience of court order", dated March 31, 2014 and duly signed by the court Registrar, read in part: "take notice that unless you obey the directions contained in this court order, you will be guilty of contempt of court and will be liable to be committed to prison".

The notice, which had already been dispatched to them by a bailiff, was sequel to the court order directing the respondents to allow the applicants, Chief Michael Emerah and his company, Micmerah International Agency Limited to occupy a portion of land at Upper Iweka Flyover in Onitsha which was leased to him by the Federal Ministry of Works since May, 2001 to operate as a motor park.

Emerah had carried out his motor park business in the land since then but some time in 2012, former Governor Peter Obi-led government demolished and drove Emerah out of the park known as Micmerah Modern Park located at 127 Upper Iweka Triangle, near the Onitsha Flyover, Enugu/Onitsha Expressway.

However, Emerah went to the court, challenged his forceful removal and obtained an order directing the respondents to allow him continue doing his business in the said Micmerah Modern Park without further interference, adding that respondents should as well forestall further invasion of the premises.

After the court order in 2012, the first and third respondents  re-instated Emerah into the park but some time in March, this year, the first and third respondents again, removed him from the part, claiming that their action was on the directive of newly sworn in Governor Willie Obiano, hence his decision to bring this committal notice.

Speaking to newsmen in his office at the weekend, Emerah noted that he had instructed his legal counsel, Nnamdi Ibegbu (SAN) to cause Form 49 to be served on them at the expiration of Form 48, if the respondents fail to obey the court order.

Going down the memory lane, Emerah noted that in the year 2000, he applied to the state government to allocate the open space to him for use as a motor park, which was approved by the then Governor Chinwoke Mbadinuju administration which he said advised him on approval to liaise with the Federal Ministry of Works and Housing for issuance of Certificate of Occupancy, C of O.

Emerah noted that on approaching the Ministry, he was given the C of O on a 99- year lease with effect from May, 2001 and with a condition that he would pay a premium of N672,000 and a ground rent of N18,000 per annum which he agreed, adding that he had even paid the ground rent in advance up to 2016.  BY: ONAH. O. ONAH