A memo of the Environment Cluster of the Cross River State Transition Review Committee set up by Gov Bassey Otu has suggested that the state government takes over the property built on the land belonging to the Cross River State Water Board LTD NEGROIDHAVEN can report.
The memo with reference number 002/ENV-CL/B and signed by Odey Oyama to Fidelis Ugbo the chair of the Transition Review Committee states that there was unlawful reassignment of CRS Water Board Land for private development of permanent structures.
According to the memo with the Subject: UNLAWFUL REASSIGNMENT OF THE LANDS BELONGING TO CROSS RIVER STATE WATER BOARD LIMITED.
‘Field investigations carried out by the Environment Cluster have revealed massive private development of permanent structures on the Water Board land contrary to the Law. See APPENDIX T1 below for photographic evidence. The issue of strange building developments, which have occurred on the property of Cross River State Water Board Limited, came up for discussion and evaluation.
‘The Cluster noted that the land acquisition for Water Board was for Overriding Public purposes only, and was thus gazetted. However, the Cluster further observed that, there is no evidence of any copy of Cross River State Gazette publishing any reassignment of any portion of the land of Water Board to any person whatsoever. Unless the authentic evidence of any such reassignment is made available, otherwise, the operating principle in Land Law relating to this situation is:
‘Quidquid plantatur solo solo cedit; meaning: Whatever stands on the land belongs to the land.
‘It is therefore, the view of the Environment Cluster, that all property standing on the lands of Water Board belongs to the Cross River State Water Board Limited. QED. It should be noted, that, there are a plethora of judicial authorities on this issue; all affirming the position that overriding public interest means overriding public interest. The interpretation of the provision of the Land Use Act on this issue is firm and unwavering.
‘Sir, the foregoing is for your information and necessary action. You may wish to draw the attention of His Excellency, the Governor of Cross River State, to the above, for his consideration.’
Cross River Netizens on social media have expressed doubt the state governor, questioning whether the Gov Bassey Otu’s administration have the ball to implement the recommendation of the committee?
