Anayo Amaeze Emmanuel Odidika and 10 others who are defendants in a suit instituted by Valentino Da Vinci Nig Ltd, in respect of the reconstruction of Orie Okporo Market and related issues, may, if care is not taken be sentenced to various jail terms for flouting the orders of a court of competent jurisdiction.
This is because, the honourable court has already issued Form 49, which is an order for them “ to show cause why order of committal should not be made against them”.
form 49
The court had earlier issued the defendants in the suit FORM 48.
It is alleged that, contrary to the far reaching terms of the amicable settlement which the honorable court in it’s wisdom and in fairness to all the parties involved, adopted as it’s judgment in the matter, signed and sealed by the presiding judge, Anayo Amaeze, and co-defendants in the suit, namely, Chijioke Okafor, Emmanuuel Odidika, Stephen Nwaugo, Ejike Ukoha, Charles Onyeacholam, Jude Onyeama, Chiedu Okeke and Uzoma Okafor are alleged to have been over stepping their bounds and encroaching on areas they should not, by virtue of the amicable settlement and order of court.
Hence, the court in a bid to ensure compliance with it’s directive has issued Form 49 and other court processes on the defendants/respondents through substituted service, stressing that, “ this mode of service be deemed as good and proper service.”
Recall, that the plaintiff, Valentino Da Vinci Nig Ltd had instituted Suit No OR/3/2019 against the Imo state government and II others, including Anayo Amaeze and Emmanuel Odidika, before an Orlu High Court presided over by Hon. Justice L.C.Azuama seeking adherence to the initial terms of Agreement Memorandum of Understanding (MOU) signed in respect of the reconstruction of Orie Okporo market and other related issues.
The honorable court, had after in dept analysis of the matter and careful perusal of documents and exhibits before it, in a judgment order dated 11th March 2019, signed by the Senior Registrar, Chidimma Agu (Mrs), averred that, “ upon careful consideration of the court processes filed in this suit on the 10th day of January 2019 and the submissions of I.0 Ezea Esq. Counsel for the plaintiff, Charles Edward Obi Esq, for the 1st Defendant, Dozie Okoronkwo Esq, for the 3rd to 12 Defendants on the issues that led to amicable settlement as per the averments in the Memorandum of Understanding of 23rd July, 2018, duly signed by the Okporo communities, main Developer, Valentino Da Vinci Nig Ltd and the Imo State government and the terms of settlement dated and signed on the 14th day of January 2020, together with Exhibit A, captioned Okporo Middle Age Association Committee reports on findings, Resolutions and Reconciliation on Orie Okporo market Development Crises.”
Where upon the court being satisfied with the findings aforementioned, holds that the parties have settled their differences and hereby adopts the “Terms of Settlement as judgment of this court and orders as follows.”
“That the agreement as contained in the Memorandum of Understanding (MOU) shall be strictly adhered to.”
The court also ordered that, “the Developer, Valentino Da Vinci Nig Ltd, shall provide the design of the market, procure for himself a survey plan, building plan and building approvals to enable him build according to specifications. He will also bear all expenses.”
“That the Developer shall demolish all existing buildings, uproot all economic trees and clear all the debris at the market site.”
The court further ordered that, “the construction of Orie Okporo market shall be within the area mapped for it but if there is reason for expansion, individuals whose lands were encroached on, should be adequately compensated through allocation of shops.”
It also ordered that, the Developer should build toilet facilities, abattoir and borehole and manage them exclusively without interference from anybody, to enable him recoup his expenses.
“Twenty percent of the total shops constructed and completed shall be given and shared together by the three autonomous communities of Okporo clan while shop owners and the owners of the encroached portion of land that formed part of the Okporo market when completed, shall be allocated shops as compensation.”
Other high points of the terms of the amicable settlement by all the parties involved, which the court took cognizance of, include, ‘the present shop owners and the traditional shop owners of the land at Orie Okporo market, whose shops and structures were demolished in the course of the construction development of Orie Okporo market, shall be compensated from the block shops and free zone shops/open shades given to them after payment of the cost of building only.”
“That the original shop owners shall pay the sum of N400,000 (four hundred thousand naira only), to the Developer to reclaim the shop per owner. The Developer shall also be in the market to manage it for a period of fifteen (15 years), to enable him recoup his return on investment.
It was also agreed that, “the 3 Autonomous communities that make up Okporo shall set up a committee that oversees allocation of shops while the IGR from the market shall be shared by the under listed group, thus, to OMATA, Youth and the community who shall form a committee of one person each to represent the groups above named and the allocation of shops due to communities, individual shop/land owners, under the supervision of OMATA.”
“The Developer, the communities, and OMATA shall jointly set up a security outfit for the Orie Okporo market and the security personnel shall be remunerated from the Internally Generated Revenue (IGR) of the market.”
And “as a show of good faith on resolving these issues, all parties shall within 7 days after the filing of these terms of settlement, herein, withdraw all actions associated with the reconstruction/redevelopment of the Orie Okporo market pending in various courts and the criminal complaint at the police station.
Some residents of Okporo community who commented on the development decried what they referred to as obstinacy and arrogance on the part of Amaeze and his group, who they advised to toe the path of caution, restraint and wisdom to avoid unpleasant consequences, they will regret.
