The solicitor to the Ogbe-Ozoma Community, Ifeanyi Ejiofor, has declared that the land being developed in Asaba, Delta State, by Cubana Group was lawfully acquired and is not subject to any court judgment.
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Speaking at a press briefing in Asaba on Thursday, Ejiofor dismissed claims by counsel to Isele-Azagba that the property is covered by a consent judgment, describing the allegations as misleading and unsupported by facts.
Ejiofor maintained that the land forms part of the ancestral inheritance of the Ogbe-Ozoma Community in Oshimili North Local Government Area and was validly sold to Cubana Group, with title duly transferred in compliance with the law.
According to him, the land has never been under dispute or litigation, and no legal action was pending before, during, or after the transaction.
He added that Cubana Group fulfilled all statutory requirements under the Land Use Act and was granted a Certificate of Occupancy.
Ejiofor said the clarification became necessary following a viral video alleging unlawful sale of the land, insisting the development process has been transparent from the outset.
The lawyer explained that the land purportedly referred to in the alleged consent judgment by counsel to Issele-Azagba relates to an entirely different parcel of land, which remains the subject of litigation in Suit No. HCI/23/2021 pending before Onicha-Ugbo High Court, Issele-Uku Judicial Division.
“We are counsel in that matter and can unequivocally confirm that it concerns a separate and distinct property,” Ejiofor asserted.
Ejiofor made serious allegations against the counsel now representing Isele-Azagba.
“It is particularly instructive that the same counsel now publicly asserting the existence of a consent judgment in favour of Issele Azagba, with respect to a property whose particulars and location are known to him to be entirely different in size and description, had previously acted for our client, the Ogbe-Ozoma Community, as defence counsel in the same matter wherein that purported consent judgment was procured.
“During the pendency of Suit No. HCI/5/2012, the said counsel ostensibly connived with the then counsel for Issele Azagba to fabricate and file purported terms of settlement that were never brought to the attention of, nor authorised by, our client — the Ogbe-Ozoma Community, whom he represented at the time.”
Ejiofor alleged that signatures were forged and the document was filed surreptitiously.
“It is our client’s position that certain signatures of persons unknown to the community, and in some instances not even parties to the suit, were forged, and that the document was surreptitiously filed and pronounced upon with unusual speed on the same morning it was filed in court as a consent judgment, without our client’s knowledge, consent, or participation in the proceedings of that day.”
Ejiofor disclosed that upon discovery of the circumstances under which the said consent judgment was obtained, the community promptly initiated appropriate legal processes to have the judgment set aside on grounds of fraud and fundamental procedural irregularities.
The lawyer revealed that the community has reported the conduct of the counsel to the Legal Practitioners Disciplinary Committee (LPDC).
“It is equally noteworthy that upon being debriefed by the Ogbe-Ozoma Community, the same counsel proceeded almost immediately to institute further civil action on behalf of Issele Azagba seeking to enforce the said disputed consent judgment against our client.
“Our client has since taken decisive steps to report this conduct, considered unprofessional and unbecoming of a legal practitioner, to the Legal Practitioners Disciplinary Committee (LPDC) for appropriate investigation and disciplinary action.”
Ejiofor concluded: “In summary, the land presently being developed by Cubana Group is free from any encumbrance, lien, or adverse claim. The attempt to associate it with unrelated litigation or a disputed consent judgment is misleading, defamatory, and calculated to cause confusion.”
He urged members of the public to disregard such statements, which appear to be orchestrated in furtherance of ulterior motives.
Also speaking, the spokesperson for the Ogbe-Ozoma Community in Okpanam, Chief Felix Okafor, explained that the Okpanam community has no land issues with the Issele-Azagba community.
He said the Issele-Azagba community is a tenant to their community, adding that it was their forefathers who gave the Issele-Azagba community land for farm settlement.
“It is very funny seeing them dragging our land with us,” Chief Okafor said.
The Okpanam community sold the land to Cubana Group in 2019, with the state government present during the transaction.
Meanwhile, property lawyers have advised people to conduct thorough background checks before purchasing any property. They emphasized verifying the legal status of the land and understanding the proper steps to take in case of disputes, to avoid potential losses. They noted that Nigerian courts often experience long delays in resolving property issues due to technicalities and case backlogs.
The lawyers also pointed out that Cubana’s entry into Nigerian politics may expose him to political pressures that could affect his business. They suggested that he might have avoided such complications by keeping a lower profile instead of publicly declaring his political involvement.
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