Chief P. T. S. Tende & Ors V. Attorney-general of the Federation & Ors (1988)

LawGlobal-Hub Lead Judgment Report

OWOLABI KOLAWOLE, J.C.A.

The controversy which the Appellants have brought to this Court is whether the Respondents are entitled to name the Port Complex built by the Federal Government in the Rivers State within a large piece of land which originally belonged to OGU community (as occupiers) as Federal Ocean Terminal, Port Harcourt.

The land upon which the Port complex was built was acquired by the Rivers State Government in 1974 for and on behalf of the Federal Government. The land in question was said to belong originally to the Ogu Community represented by the plaintiffs who are the present Appellants and the Onne Community. In Suit No.PHC/166/77 the Rivers State High Court on 9 June 1977 found that the Ogu community were the actual possessors of the land in question and the inhabitants thereon. They were dispossessed by the government acquisition and were therefore entitled to two thirds of the compensation payable for the acquisition by the Rivers State Government. The Onne Community were paid one-third compensation as the landowners.

After the process of acquisition the Federal Government proceeded to build a Port complex on the land. The Port was first to be called and known as “Onne Port” as a result of a decision of the Federal Executive Council Meeting held sometime in 1979.The foundation laying ceremony of the Port complex was to be performed on 1 December 1980. On 28 November 1980 upon the application made by the people of Ogu in Okrika Local Government Council in Rivers State, the Lagos High Court restrained the Minister of Transport from performing the foundation laying ceremony fixed for 1st December 1980.

The Ogu community thereafter made representations to the Minister of Transport to change the name of the Port from “Onne Port” to “Ogu Port”. The port was subsequently renamed “Ogu Port”. In reaction to the change of name of the Port to “Ogu Port” the Onne community purported to withdraw its consent to the acquisition of the land at Onne for the same project and disrupted work on the site of the port.

As a result of this incident series of meetings were held, one on 6 February 1981 and another on 19 June 1981. Both meetings were attended by representatives of Ogu and Onne communities. The minutes of meeting of 6th February 1981 is Exhibit “H”. Among the agreements reached were:

(1) That the name of the project should, for the time being, be neither Onne nor Ogu Ocean Terminal. It should temporarily be called Federal Ocean Terminal Project, Rivers State. All documents, sign-boards and correspondences should reflect this change.

(2) The Rivers State Governor should summon a meeting of the two communities with a view to finding an acceptable name for the Project.

At the meeting of 19 June, 1981 at Government House, Port Harcourt, attended by the representatives of the two communities, the Governor of Rivers State and the Minister of Transport, a communique signed by the two parties was issued. It was agreed that:

“(1) A meeting of the Chiefs and Elders of the two communities should, as soon as possible, be held to agree on a permanent name for the Port.

(2) A decision on this (meeting) should be communicated jointly by both parties to His Excellency the Governor of the Rivers State and the Honourable Minister of Transport within the next two months, that is, by the 20th of August, 1981.

(3) If by the 20th of August, 1981 both sides do not jointly agree on a new name, the Federal Ocean Terminal shall be confirmed as the permanent name by the Federal Government.”

This communique is Exhibit “J”. The two communities of Ogu and Onne did not take the steps indicated in (1) and (2) above and consequently the Permanent Secretary, Federal Ministry of Transport, Ports Division, wrote on 19th November, 1981 to the Secretary to the Government of the Federation indicating that in the light of the failure of the communities to take advantage of the agreements reached at the meetings of 6 February 1981 and 19 June 1981 the Rivers State Government had recommended that the Federal Government should confirm the name of the Port as “Federal Ocean Terminal, Port Harcourt”.

The letter is Exhibit “K”. The minutes, the communique and the letter were pleaded in the amended statement of defence of the 1st and 2nd defendants in paragraphs 16, 17, 18, 19, 20 and 21 thereof.