Court awards N50,000 against A’Ibom LGA over right to collect revenue

Harrison Essien, Uyo

Akwa Ibom State High Court sitting in Uyo has dismissed the application for a stay of execution of judgment restraining Uruan Local Government Area from further entry into Adadia Beach Market to collect revenue.

The judgement which was pronounced by Justice Edem Akpan also restrains the LGA from exercising control over the market, pending any permanent arrangements with the village on the manner the LGA shall exercise its constitutional functions of maintenance and regulation of the market.

Justice Akpan, therefore, dismissed the application with fifty thousand Naira cost against Uruan LGA in favour of the respondents, Obong Udo-Abasi and seven others for themselves and on behalf of Adadia village.

The court had declared that “Adadia Beach Market otherwise called “Urua Esuk”, which was exclusively built and established by Adadia village through its community leaders before the creation of Uruan LGA, was the exclusive property of Adadia Village and its indigenes”.

The ruling was contained in a suit between Uruan LGA as an applicant and Obong Udo-Abasi and seven others for themselves and on behalf of Adadia Village, as respondents.

The Uruan LGA had filed an instant application praying the court for an order to stay the execution of its judgment earlier delivered on 19th January 2023, pending the hearing and determination of its appeal against the judgment before the Court of Appeal.

Justice Akpan said, “In considering whether or not to grant a stay of execution, the court must take into consideration the chances of the applicant on appeal and where such chances are non-existent, then a stay of the subject matter must be refused.

“The court will also consider the nature of the subject matter of the appeal and whether the sustenance of status quo pending the determination of appeal tantamount to the justice of the case.”

Justice Akpan, however, held that “When the judgement or order of a lower court is not manifestly illegal or wrong, it behoves the Court of Appeal to presume that the judgement or order was right in law until the contrary is established.”

He said: “It is for this reason that an appellate court and, indeed, any court does not make a practice of depriving a successful litigant of the fruit of his judgment unless special circumstances to do so, are shown.”

Justice Akpan said he has perused the applicant’s supporting affidavit and further affidavit but has found no such special circumstance to grant a stay of execution of the judgment of the court.

He said, “Any attempt to stay execution of the judgment, would amount to an indirect way of granting the applicant’s counterclaim that it could not prove.”

Justice Akpan added that since he has “No basis to deprive the respondents of the fruits of the judgment, it is the considered decision of the court that there is no merit in the applicant’s application.”