$16bn EPZ: Emami, Others Drag FG, NPA, Delta Govt. To Court Over Naming Of Deep Seaport After Gbaramatu

Source: thewillnigeria.com

SAN FRANCISCO, June 01, (THEWILL) – A Federal High Court sitting in Warri, Delta State has adjourned till next Wednesday, July 8, hearing in the substantive suit brought before it challenging the naming of Deep Seaport project sited in the state after Gbaramatu, an Ijaw Kingdom in Warri South West Local Government Area of the state.

The case with suit No: FHC/WR/86/2015 filed by Chief Ayerimi Emami, Barr. Itse Elijah Wilkie, Mike Okoturo, Pastor Emiko Fregene, Samuel Pira (1-5th plaintiffs) respectively had the Federal Government, Attorney General of the Federation and Minister of Justice, Nigerian Port Authority, Delta State Government, Attorney General and Commissioner of Justice as the 1st to 5th defendants respectively.

Counsel to the Plaintiffs, Chief Efe Akpofure (SAN), in a motion on notice at the behest of the plaintiffs, is praying the court for an order of interim injunction restraining the defendants, their servants, agents, officials, privies or whosoever from naming the Deep Seaport project cited in Ugborodo, after Gbaramatu or any other name, pending the hearing and determination of the substantive suit.

The plaintiffs argued that it would amount to sowing a seed of discord and disharmony between Ugborodo people and their Ijaw brothers if the defendants go ahead to name a the seaport project sited in Ugborodo after Gbaramatu.

While urging the court to avoid a situation of fait accompli being foisted on the court and the applicants, the plaintiffs contended that if the defendants are allowed to go ahead with the proposed naming of the seaport project after Gbaramatu, the court and the applicants would have been put in a situation of helplessness.

They argued that the naming was done in bad faith and actuated by malice against public policy, adding that the status quo of the Deep Seaport project reportedly sited in Ugborodo community between Madangho and Ubefan should be maintained in the interest of justice.

In a writ of summons, the plaintiffs contended that the 4th and 5th defendants had acquired a large expanse of their land (about 2,700 hectares at Ogidigben in Ugborodo for the purpose of construction of the Export Processing Zone (EPZ) and its ancillary seaport project of the 1st and 2nd defendants which are sited in the plaintiffs’ community.

It added that after about 2,700 hectares of land of the plaintiffs had been acquired for the facility, the 3rd defendant has applied for the 4th and 5th defendants for another piece of land measuring 1,500 hectares to construct as “Deep Seaport Gbaramatu”, an Ijaw name which, according to them, has no bearing with the land of the plaintiffs’ community where the seaport is being sited.

Consequently, the plaintiffs are praying the court to make; “a declaration that the proposed naming of the Deep Seaport sited in Ugborodo land between Madangho and Ubefan (a place exclusively owned by the Plaintiffs) after Gbaramatu by the Defendants is wrongful, against public policy, unconstitutional, illegal and therefore, null and void.

“A declaration that the project-Deep Seaport sited in Ugborodo land between Madangho and Ubefan ought to and should be named after any of the communities in Ugborodo land in its Itsekiri name and not Gbaramatu.

“A mandatory order compelling the defendants to remove the name “Gbaramatu” from the nomenclature of the Deep Seaport project and to replace it with Ogidigben or after any of the communities in Ugborodo land in its Itsekiri name and not Gbaramatu.

“An order restraining the defendants, their agents, officials, servants, privies from naming the Deep Seaport Project which is sited in Ugborodo land Deep Seaport sited in Ugborodo land between Madangho and Ubefan after “Gbaramatu”.

Ruling on the application, the presiding judge of Federal High Court, Justice Abubakar Shittu, adjourned the case to Tuesday, July 8 ,to enable the defendants file their response to the application for commencement of the substantive suit.