By Nsan Ndoma-Neji, Calabar
A human rights crusader, Barr. Mba Ukweni, SAN, has called for the immediate withdrawal of soldiers of 245 Battalion, AFI Barracks, Ikom Local Government Area of Cross River State, from the Cross River State government cocoa estate in Etung Local Government Area of the state by the Chief of Army Staff, CoAS, Lt. Gen. Taoreed Lagbaja.
Ukweni made the demand yesterday while reacting to molestation of cocoa farmers by soldiers stationed at the state government-owned cocoa plantation.
Ukweni stated that the call became necessary to avoid outbreak of civil unrest that can put lives and property in the community in danger.
A letter dated September 6, 2024, released from Mba Ukweni’s legal firm in Calabar, addressed to the Chief of Army Staff, Nigerian Army Headquarters, Abuja asked the military authority to withdraw its men from the cocoa estate to allow his clients, who are original allottees of the cocoa farms to continue with their work.
The letter, titled ‘Complaint of Unwarranted Arrest, Intimidation, Harassment and Abuse of Office by Soldiers of 245 Battalion, Afi Barracks, Ikom Local Government Area of Cross River State,’ and made available to our news desk in Calabar, advised the army not to allow itself to be dragged into a civil matter which the court had given an injunction restraining the state government from evicting the allottees.
Clauses in the letter read, “Soldiers cannot be residing permanently in the cocoa farms acquired by our clients after money had been paid into the coffers of the state government only for my clients to be denied opportunity to reap from their investment.
“We are not at war to warrant deployment of soldiers to the cocoa plantations. It’s a civil matter that the court had given an injunction restraining state government from evicting my clients from their farms, which they genuinely paid for.
“Sir, pursuance to the announcement by the governor of Cross River State, our clients purchased forms and made payment into the Cross River State Internal Revenue Service account. After payment, cocoa farmlands were allocated to them.
“Sir, it is pertinent to inform you that our clients are not illegal occupants or criminals. They are lawfully in those parcels of cocoa farmlands.
“The Cross River State government entered into a lease agreement with our clients under the Small Holders’ Scheme in the government-owned cocoa estate. The agreement was registered on the May 3, 2022 as No. 44 at page 08 in Volume V of the Agreement Register, kept in the Agreement Registry Unit of the Office of the Attorney-General of Cross River State.
“The Lease Agreement with our clients was drafted by the Honourable Attorney General of Cross River State, together with the Draft Application Forms, Offer Letters and Confirmation Letters.
“The agreement was based on the fundamental purpose for government to offset her debt on rents/royalties owed to the landlord communities, in line with the two consent judgments between Cross River State government and the representatives of the landlord communities in Suit Nos. HE/10/2013 and HE/73/2020 respectively.
“Soldiers cannot abandon their very important responsibility of protecting the territorial integrity of the nation and be meddling in a civil matter which had been taken care of by the court, intimidating and beating my clients up in their cocoa farms. This isn’t correct sir.”
The lawyer urged the CoAS not to meddle in a civil matter that the state high court in Effraya, Etung Local Government Area had ordered the state government not to evict farmers from the 1,415 hectares allocated to them by the immediate past administration of former Governor Ben Ayade.
The lawyer in the letter demanded for the soldiers ‘withdrawal from the cocoa estate so that arrest and torment of his clients by soldiers sent by the state government can end.
He added, “It is our firm belief that the soldiers have no reason to disturb our clients’ quiet and lawful possession of the area of cocoa farmland leased to them and for which they have furnished reasonable consideration.
“We say so because beside government being a continuum, a contractual agreement entered into by parties cannot be resiled or jettisoned by one party. The agreement must be observed and honoured,1 which is the doctrine of sanctity of agreement.
“We therefore, most respectfully and humbly, make this representation to you, Sir, to bring to your attention the consistent violation of our clients’ rights by your military personnel, and which violation is against Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“The actions of the military in intimidating, harassing and chasing away our clients from their cocoa farmland have caused untold and serious hardship on our clients.
“The arrest and subsequent detention of our clients at the Military Hut, called ‘Messa Camp,’ even after showing them the order of the court permitting them to be there, is an affront to the rule of law, contemptuous and in total disregard and disrespect to the fundamental/constitutional rights of our clients.
“The military is not part of the agreement the government of Cross River State executed with our clients in respect of the cocoa farmlands, and their actions is in breach of the terms and conditions of the agreement. Bringing the military into civilian affairs is also condemnable.
“We humbly request that you use your good office to cause a discreet investigation into this complaint with a view of instructing your men at the 245 Battalion, Afi Barracks, Ikom, and the Hut called Messa Camp to abide by the terms of the court order and not to interfere with our clients’ use of the cocoa farmland that was duly leased to them.”
As of the time of filing this report the Army Public Relations Officer PRO, 13 Brigade Headquarters, Nigeria Army, Akim Barracks Calabar, Capt. Jemila Jimoh, who was asked to react on the issue said, “I will get back to you, let me find out what is happening first, before I can say anything. Ikom is very far from the state capital, Calabar.
However, Chief Press Secretary, CPS, to Governor Bassey Otu, Mr. Nsa Gill, who was also called upon by our correspondent for reaction on the issue, said, “I am going to find out and get back to you since I am yet to be furnished with adequate information. I will get back to you once I get the proper information.”
