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.