Rivers State Governor Siminalayi Fubara has ordered the reinstatement of a property belonging to former military governor General Anthony Stephen Ukpo, in what is a big u-turn from previous administrative action. The property located at Plot 319 GRA Phase II Port Harcourt was among the assets handed to Ogeyi Place Le Meridian Hotels Limited by the previous administration under then Governor Nyesom Wike. The decision, dated December 29, 2022, noted the property is intended for governmental use.
Governor Fubara, however, considered that the decision was not proper and invoked his powers under section 28(5)(a)(b) of the Land Use Act, Cap L5, Laws of the Federation of Nigeria 2004. Governor Fubara explained his action thus:
Pursuant to the above, SIMINALAYI FUBARA GSSRS, Governor of Rivers State of Nigeria do hereby withdraw and cancel the revocation of the said property in the exercise of Powers Conferred on me by section 28 (5) (a) (b) of the Land Use Act, Cap L5, Laws of the Federation of Nigeria 2004 and all other powers enabling me in that behalf.
Consequently, the property initially allocated to General Anthony Ukpo by a Certificate of Occupancy dated July 20, 1998, and later assigned to Ogeyi Place Hotels Limited by a Deed of Assignment on August 3, 2001, was the subject of revocation by the Wike administration through an official Gazette of Rivers State on December 29, 2022. As the proper owner of the property, Governor Fubara exercising his right, overturns this revocation, effectively cancelling out the actions of the previous administration and validates the property ownership by General Ukpo and Ogeyi Place Hotels Limited.
The revocation by the administration of Governor Wike, as expected, had triggered controversies and legal cases from the affected owners.
The original owner of the property General Anthony Ukpo, after Governor Fubara announced his decision had this to say:
I thank Governor Fubara for making justice and the rights attached to this property his watchword!!! Thus, stocks of domestic investors are guarded and the state itself confirms the law.
Legal scholars have commented on the irregularities that appeared to have tainted the initial revocation, as follows:
A constitutional lawyer from Port Harcourt, Barrister Jane Doe said that “The Land Use Act spelled out the process and condition under which government is empowered to revoke property right. Governor Fubara has therefore broken no ground by invoking executive powers to re-order what seems to be a procedural anomaly that mostly contravenes principles of law aimed at safeguarding property rights.
The move by Governor Fubara is also being applauded by the general public, who has called it a step towards justice and accountability in governance:
Governor Fubara has prescribed sanity in government and the rule of law,” says Mr. Peter Okon from Port Harcourt. “Showing that public officials are held accountable for their actions and choices.
While reactions from political quarters have been mixed bordering on the criticism of a reversal of the decision of a previous administration to some even commending Governor Fubara for his respect for legal frameworks:
Opposition voices, speaking on condition of secrecy, said that the reversal of a government decision – signed with good intentions on the people’s behalf – could sow bad seeds. This does open the question of new issues about continuity and governance reliability.
In defense, those supporting Governor Fubara argue that his decision formed a wholesomely deliberate part of exposure-and it was undertaken to avert likely injustice:
There is a leadership trait to that decision, and it speaks to natural justice,” Chief Adebayo Ojo, an elder statesman in Port Harcourt said. That sends a powerful signal that under his administration property rights will be secure.
