Federal High Court sitting in Awka, Anambra State, presided over by Justice Isah Gafai is expected to commence hearing on Tuesday, May 27, on a committal proceeding (Form 49) brought against the Inspector-General of Police(IGP); the Assistant Inspector-General of Police(AIG), Zone 9, Umuahia; Anambra State Commissioner of Police and the Commander of 302 Artillery Regiment, Nigerian Army, Onitsha, for contempt of court.

An Onitsha-based industrialist, Chief Michael Emerah and his company, Micmerah International Agency Limited, brought the contempt proceeding against the respondent/contemners.

In the suit no. FHC/AWK/CS/190/2010, filed on his behalf by his legal counsel, Nnamdi Ibegbu (SAN), the applicants, Emerah and his company are asking the court to order for the committal of the respondents/contemners to prison, for having disobeyed the order of the court, made on July 14, 2010.

The applicants recalled that the court had on July 14, 2010, restrained the respondents/contemners from allowing the then chairman of  the Onitsha North Local Government Area, Idu Okosi and the Anambra State Urban Development Board(ASUDEB) from further invasion of the Micmerah Modern Park at Upper Iweka Triangle, near the Flyover Bridge, Onitsha.

The applicants contended that the respondents had in utter disobedience of the court order, failed to protect their lives and property in the said motor park, as well as another motor park at No. 12 Upper Iweka road, Onitsha, known as Micmerah Park.

In a 23-paragraph affidavit in support of the Form 49, Emerah averred that sequel to his application for lease, over the land in dispute situated at Upper Iweka Flyover, Okpoko Ogbaru Local Government Area, the Federal Ministry of Works and Housing(FMW&H), granted his application dated April 9, 2001 and offered the second applicant, Micmerah International Agency Limited a 99-year lease of the land by a document in writing dated May 15, 2001.

Emerah further averred that when the lease application was granted to his company, he accepted the said offer on behalf of his company by a document in writing dated May 18, 2001 which is market as Exhibit “A1”, adding that the processes for grant of Certificate of Occupancy(C of O) were undergone, thereafter a C of O marked as Exhibit “A2”, dated September 21, 2007 and registered as No. 61 on page 61 in Volume 111, at the Federal Land Registry, Ikoyi, Lagos was granted to him.

He contended that prior to the application for the lease and grant of the C of O, he had on behalf of his company, applied to the then Governor of Anambra State, for the right to temporary occupancy of the said land, pending grant of C of O by the FMW&H, Abuja, adding that his application was granted by a letter from the then Principal Secretary to the then governor of Anambra State to him, dated December 4, 2000 and marked as Exhibit “A3”.

He also noted that prior to then, the Federal Ministry of Housing and Urban development (FMH&UD) also granted a temporary occupancy licence before granting of the C of O, adding that both grants were contained in letters dated June 14, 2004 and April 12, 2000, respectively and marked as Exhibits “A4” and “A5”.

Emerah said he had even paid his annual ground rent to the land up-to-date and even up to the year 2016 to the Federal Government, with an acknowledgement letter of the payment by bank draft in that respect, dated February 24, 2014 and marked as Exhibit “B”, adding that even the FMWH&UD had in a letter dated April 8, 2010 and marked as Exhibit “C”, informed the Onitsha Zonal Manager of ASUDEB, that the triangular piece and parcel of Federal Government land was granted to him for a 99-year lease.