The Presbyterian Church of Nigerian has dragged Ebonyi State governor, Dave Umahi, to court for taking over its hospital.
Also joined in the suit are the State Attorney General and Commissioner for Justice, and the House of Assembly as second and third defendants respectively.
The Church, in suit no HAB/120/2020 is seeking N5billion for general damages from the governor for the takeover and shutting down of the Presbyterian Joint Hospital located in his hometown of Uburu.
It described the government’s action as illegal, unconstitutional, null and void and amounts to trespassing.
Ebonyi State government had in 2020 announced the immediate shutdown and subsequent takeover of the hospital.
The government said the action was sequel to a petition by the host community over the expiration of the Church’s 100-year lease.
The community, according to the government, had also alleged misappropriation of funds, high medical charges on indigent patients, use of obsolete equipment in the treatment of patients and dearth of qualified doctors, upon which it urged the government to take over the management of the hospital.
But the Church, in the suit, disagreed with the government’s position arguing that the lease was still subsisting, and has not expired.
The Church further averred that the parcels of land on which the hospital is built, was not leased from the entire Uburu community, but from specific families.
It continued that three parcels of land on which the hospital is built were owned by some families in Uburu, and leased in 1917, 1923, and 1958 are still subsisting till 2026, 2052 and for as long as it is being used for the purpose it was leased.
It, therefore, prayed the court to declare that its leasehold interest over all the hospital lands remain valid and subsisting.
The church is also asking the court for a declaration that the purported takeover of its leasehold interest in the hospital lands and its hospital is unconstitutional, null and void and of no effect whatsoever.
The Church is also praying the court for a declaration that the third defendant (Ebonyi State House of Assembly) purported revocation of the statutory right of occupancy over the land upon which the hospital is built is ultra vires the powers of the third defendant and is accordingly unconstitutional, illegal, null and void.
The Church is also praying the court for an order of perpetual injunction restraining the state government from taking any further moves to take over the hospital.
When the matter came up for hearing, counsel to the Church, Mr. Uche Awa (SAN) was in court while the government had no lawyer in court to represent it.
The Judge, Justice Ken Eze however adjourned the matter to May 12 for pre-trial.