Delta State House of Assembly has struck out a petition bordering on alleged encroachment, trespass, and illegal development of land located at Umuomake Quarters, Okpanam, in Oshimili North Local Government Area.
The petition, which was filed by Mr. Chinedu Morah, Mr. Ogume, Mr. Emeka Sita and youths of Umuomake Quarters on behalf of the community, involved plots of land earlier allocated to members of the Women Affairs Multi-Purpose Cooperative Society Limited, Asaba.
Presenting the report during plenary presided over by the Speaker, Rt. Hon. Emomotimi Guwor, Chairman of the House Committee on Public Petitions, Hon. Matthew Omonade, said the committee carefully reviewed the petition alongside submissions made by the parties involved.
Hon. Omonade explained that after examining the applicable laws and the nature of the dispute, the committee found that the matter centered on land ownership and compensation, issues which fall under the exclusive jurisdiction of the courts.
Citing legal authorities, the committee held that determining land ownership and awarding compensation are judicial functions and cannot be exercised by the legislature.
The report further referenced Section 6 sub section 6 of the 1999 Constitution (as amended), which vests judicial powers solely on the courts, warning that any attempt by the legislature to assume such powers would be unconstitutional.The House Committee on Public Petitions therefore recommended that the petition be struck out for want of jurisdiction.
The House, after consideration, adopted the committee’s recommendation and accordingly struck out the petition as the Speaker Rt Hon Emomotimi Guwor directed the Clerk to communicate the resolution of the house to parties involved.
