…….Did Gov Wike demolish a mosque or unknown structure? … Who owns the land, Govt, Edward Amadi, or Moslems? … Does the building have approved building plans and other documents? … The religious and political implications and underlying factors? … Rays of hope, The way out
Preamble
The ‘mosque’ demolition saga in Port Harcourt, Rivers State, has continued to rage as tempers continued to flare across the country. This has raised the issue of whether or not a ‘mosque’ was demolished or it was an unknown structure. The Nyesom Wike administration has continued to deny destroying any mosque, saying they were not aware of any mosque under construction at that part of the high-brow area of Trans-Amadi, in th sense that government did not approve any mosque building plans.
This has also raised the issue of who actually owns the three plots upon which the contentious structure was being raised, the state government, the seller Edward Amadi of Amadi-Ama or the Mosque trustees? Many investigators want to know if the builders had approvals and land papers, and they insist they had. All of this has generated tensions touching on politics and ethnicity. The governor admitted one week ago that he has been receiving calls from very prominent Nigerians and northerners on the matter. This may be true as the South-South chapter of Arewa Consultative Forum (ACF) has taken over the matter and may have briefed Aso Rock, the Sultanate who is regarded as Wike’s fan, and the Emir of Kano, and many more; at least, this is what the ordinary Moslems in Port Harcourt believe.
We gathered that some consultations and invitation to ACF leaders are also going on in Port Harcourt, raising hopes that the matter may be resolved soon, especially going by the tone of the trustees. Wike may use the opportunity of the celebration of 100 days in office to take a second look at the matter and use his powers to reach a political solution instead of use of only bulldozers and courts.
Did Gov Wike demolish a mosque or unknown structure?
The most important question on the lips of most Nigerians over the mosque saga is whether or not a mosque was demolished before going into the merits and demerits of the demolition. On August 6, 2019, the special adviser to Wike on electronic media, Simeon Nwakaudu, issued press statement after the governor took reporters to the location.
He stated, Governor Wike said there was no Mosque on ground, hence, nothing was demolished.
I received calls from several prominent Nigerians on the fake news being circulated online. I have come here with reporters and you can see there was no Mosque here.
It is most unfortunate that fickle-minded persons will claim that a Mosque was demolished at this place, when no Mosque existed here. The story was concocted by mischief-makers to score cheap points, he quoted Governor Wike.
What the government believes is that some persons started erecting illegal foundation at the disputed land, even though they had no approval to embark on any construction work.The persons who started the foundation had already dragged the State Government to court on the disputed land. The Rivers State Government won the case. What they attempted to do was to start the illegal construction to tie the hands of the State Government.
The governor was so confident to ask the Muslim community in Rivers State to show him where a Mosque was demolished in the state, but advised them not to allow themselves to be used by politicians to peddle false stories against the Rivers State Government.
Other voices
Ethno-religious issues deteriorate fastest in Nigeria especially in a highly charged political situation. Thus, as Muslim leaders were studying the matter and calling for calm, not all supporters observed the counsel. The Muslim Rights Concern (MURIC) joined the fray immediately and threatened that Governor Wike would not be allowed to rise politically beyond Rivers State, a statement that raised consternations in the oil region and made the Trans-Amadi Mosque Trustees appear to be fighting Wike.
MURIC declared the demolition as an attack on Islam and said, The demolition is the most offensive and insidious attack on an Islamic landmark in that part of the country in recent times. This demolition exercise is illegal, unlawful and unconstitutional. It is an exhibition of gross, undiluted Islamophobia.
MURIC said they had interviewed the Mosque leaders and that both the Chief Imam of Trans-Amadi Central Mosque, Haroon Muhammed, and the Secretary, Aliyu Sadiq, had provided evidence proving that due process was followed in purchasing the land.
The governor of Kano State, Abdullahi Umar Ganduje, and his predecessor, Shakarau, have pushed out strong words against Governor Wike, with Ganduje threatening to go to court. This has brought strong counters from the Rivers State Government House.
The Niger Delta ex-militant and an Alhaji, Asari Dokubo, has weighed in the matter, pouring venoms on his state governor. This has provoked the governor’s earlier declaration of Rivers as a Christian state.
On the other hand, some persons have come to the defence of Gov Wike. The member representing Khana/Gokana Federal Constituency, Dumnamene Dekor, stated that no mosque existed on the said land ab initio, as insinuated by critics of the governor.
The federal lawmaker and former Commissioner for Works in Rivers State said at no time was a mosque built on the said site, adding that no records from his predecessors showed that a mosque existed on the said land all through his period of service as works commissioner.
He frowned against the unsavory comments of those he described as political desperadoes with no other aim than to incite the Muslim community against the State governor.
The lawmaker in a statement issued in Port Harcourt, Monday, wondered why these critics would continue to mouth over a matter which predated Governor Wike, having been resolved by a subsisting court judgment in Suit Number PHC/986/2012 between Registered Trustees of Trans Amadi Mosque, Port Harcourt (claimant) versus the Commissioner, Ministry of Urban Development and Physical Planning, Rivers State, the Governor of Rivers State and the Attorney General of Rivers State (defendants).
Dekor affirmed that the court in that judgment ruled that the claimants had no approval to build on the disputed land.
Government House fights back
As the attacks flew from all sides, home and outside, the media aides in the Port Harcourt Government House fought back through Nwakaudu.
He released the court judgment on which the governor hinged his demolition action.
The Judgment: Ruling in Suit Number PHC/986/2012 between Registered Trustees of Trans-Amadi Mosque, Port Harcourt (Claimant) and the Commissioner, Ministry of Urban Development and Physical Planning, Rivers State, the Governor of Rivers State and the Attorney General of Rivers State (Defendants), Justice G.O. Omereji on Tuesday, 27th November, 2018 said, It is very clear that from the above authorities, the effect of Exhibit K, the Certificate of Title in the instant case, the defendants, especially the 2nd and 3rd defendants have valid title to the land in dispute because the acquisition of the land as in Exhibit K by the Government extinguishes every prior existing title over the said land.
Justice Omereji stated that it was clear that the claimant’s plan AI/RV/2009/013 was charged on both the Ortho-Photo map and Greater Port Harcourt Acquisition of 1959 and that the said land is within the Greater Port Harcourt.
The Court declared that Exhibits J1 and J2 clearly show that the claimant purchased a a land from Dr. E.E. Amadi, which was already owned by the State Government following its acquisition by the Eastern Nigerian Government in 1959.
Justice Omereji held that The defendants have in Exhibits J, J1 and J2 inclusive of Exhibit K, which is the Certificate of Title, established that the land, the subject matter of this suit, was acquired in 1959 by the Government.
My humble opinion is that the claimants have not established that they have better title to the land, the subject matter of this suit and they have not established that at the material time they were in possession and that the defendants do not have better title to the land.
The Judge ruled that the defendants established that they have better title to the disputed land. My humble opinion is that the claimants in this case have not established that they have better title to the land in dispute in this case. The issue I have considered in this suit is to be resolved in favour of the defendants (Rivers State Government) as against the claimants (Registered Trustees of Trans-Amadi Mosque, Port Harcourt) , Justice Omereji ruled.
Rivers as a Christian State, This is the object of attack by Shekarau and all those under his sponsorship. As governor of Kano State, Ibrahim Shekarau introduced Sharia and officially made the state a Muslim State. This action, according to him, was premised on the fact that over 95 percent of Kano people are Muslims. Former President Olusegun Obasanjo did nothing to stop him.
In 2008, Kano State Government under the leadership of Ibrahim Shekarau demolished Christ the King Catholic Church. The Kano State Urban Planning Development Agency (KANUPDA) demolished the Church because the Church lacked Certificate of Occupancy. Shekarau’s administration said the structure of the church at Na’ibawa in Kumbotso Local Government was removed, after serving them a notice, advising them to prove its legitimacy or remove it within time.
In November 2003, Shekarau swore-in Hisbah, Zakkat, Sharia Commission Members to Consolidate his declaration that Kano is a Muslim State. The establishments’ members were sworn-in at Sani Abacha Stadium after a bill was passed into law by the state House of Assembly for the creation of the establishments. These were agencies of Kano State that promoted one religion to the detriment of others.
As Governor of Kano State, Shekarau compelled all Christian girls in his State to wear Hijab. Those who refused to wear hijab under the leadership of Shekarau were asked to withdraw and leave Kano State. As governor of Kano State, Shekarau burnt books believed not to promote the Islamic religion.
While Shekarau as governor emasculated the practice of Christianity in Kano State, Governor Wike has continued to promote religious tolerance. His declaration that Rivers is a Christian State is a statement of fact. Well over 98 percent of the indigenous population are Christians. Should Governor Wike apologise for stating the obvious? Since assuming leadership in 2015, Governor Wike has continued to promote religious freedom and tolerance. There is religious harmony in Rivers State.
Origin of the Mosque
We gathered by interview of many Moslems that then governor, Peter Odili, demolished the Slaughter Market area and the place was lying fallow for years. Our people were praying in the area now serving as Rainbow Estate. It was acquired by then Governor Chibuike Rotimi Amaechi for Rainbow Estate. We now contributed money to buy this plot of land in 2002 from Chief/Dr. Amadi so we could be praying there. It is three plots of land. It is this place that has been an issue.
Legal history
Legal adviser of the Mosque Trustees, G.B Sanusi throws some light
Most actors in the saga have refrained to talk but after several levels of clearance, Sanusi agreed to field questions. He said his partner was kidnapped and did not return even after payment of ransom, leading to tension and fears. He gave insight into the legal steps of the saga since 2002.
We were actually building a 3-storey house, so it needed huge investment in the foundation work, piling, etc. When they were demolishing it, calls were going round the country. This is because, three days earlier, they came to demolish it, but our people were taking photos. The men that came arrested our boys, beat them up, and took them away. They were actually from Government House and so when they became uncomfortable, they took the boys to Amadi police station. The DPO saw the papers and the said offence of the boys and chased away everybodd, that he did not see any case there.
Land, We bought the land in 2002 from Chief/Dr. Edward Amadi from the Amadi-Ama community. I prepared the deed of conveyance. When we moved to site, disturbances came, so we reported to him (Chief Amadi). He said he had gone to court against the state government.
Suits, He took out Suit No.PHC/2103/2002. The Rivers State Government filed a counter claim which in law is seen as a separate suit. Therefore, two suits existed. The suit by our landlord was struck out because it was found that he did not sign one of the documents. So, only one case remained on the matter, which was the one the Government filed.
The one the government filed was later dismissed because of the evidence given by their lawyer that the land actually did not belong to the Government. In law, the evidence someone gave against himself caries highest weight. Based on this, we went ahead to begin construction and perfect our various papers. When the government later came under Amaechi to scatter our container in 2012, we sued for damages. It was the suit that G.O. Omereji ruled on in 2018 and said we lost. He ruled on title or ownership while what was before him was claim for damages. In law, such a suit is not weighed on ownership because even a tenant can sue the landlord but it is ruled on occupation. So, we filed for appeal because the Supreme Court is clear on that principle. You do not award what is not pleaded in court. We filed a claim, you ruled on land title.
For the appeal, we filed a motion to stop action on the mosque but the state government came and demolished it. In law, once a party has filed a motion and served you, you do not go ahead even though the motion is yet to be heard in open court.
Land papers, We have all the approvals needed because we know where we are. We have Deed of Conveyance, Building design approval, Charting declaring the place is not government land, etc. What the Urban Ministry people are saying is that we should come for revalidation, but this demand is not in writing. We are not aware that when you have your land papers, when you want to build, you go back for revalidation. We have approval to build fence which was given to the land seller signed by a director in Urban.
Amaechi, It was Amaechi that confiscated our 40ft container there to this day. He also did wire-fencing around the area. We complained to the court about what the government did, and the court made an order for the government to repair it. The government complied.
Wike, When Wike took over, he did not disturb us all through his first tenure as most Nigerian governors do. They lie low till they get second term ticket. Now that he has won his second term, Urban people came and when we showed them all the approvals, they now talked about revalidation.
Charting, We paid the charting fee for over 10 times but it would hardly be issued to us. Some officials told us that the survey map was okay and showed it was not on government land. One day, we met the woman in charge and she asked us for the chart but we said we had paid severally without getting it. She asked if we were ready to pay now, we said yes and paid. When her director learnt of it, he accused us buying the place he used to play football as a child. He said it was Nkpogu people that owned it and that an Amadi-Ama man went and sold it to us. He made some personal vows. The matter ended in shouting match and we went away. At last, however, we got it.
The Omereji judgment: The Omereji court ruled that the land belongs to the Rivers State Government from the Eastern Nigeria Government which purportedly acquired it in 1959. But, the map shows clearly that the land is not within the place belonging to the Eastern Nigeria Government and Rivers State Government. The map shows it is at the corner. Besides, the seller did not sell only to the Moslems but he sold to churches and three churches are there now. There is no dispute in those lands. Why must it be only the one sold to build a mosque that is now called Government land?. That is where this matter moves from a land dispute to religious dispute.
Demolition, The next day, bulldozers came and demolished the upcoming building and dug out the foundation stones and pillars. Now, the Government says there was no mosque there. The congregation understands with us. Yes, they contributed all this money but they console us and said we have tried.
DSS, The DSS came to look into the matter for security implications. To us, there is no security threat because we are not terrorists, we are not insulting anybody. We are not even trying to win at all cost because if you are doing this for God, do not fight for man. I am not charging any kobo for all this work I am doing for the Moslems. It is my own service to God. I do not go to look for these cases but they come to me. We are not out to show that we can humiliate the State Government, not at all. The case at the UST is same.
Strong academic voice
(The professor, Abduleazaq Kilani, Department of Religious & Cultural Studies, Faculty of Humanities, University of Port Harcourt)
The professor delivered a Ramadan lecturer there this year. His interactions with the Trans-Amadi Muslims won his sympathy in the saga.
He said, Governor Nyesom Wike actually demolished a mosque in Trans-Amadi. The place was barracks in the past. Look, Moslems are not opposed to development and do not protest demolition of mosques for development. Two mosques were once demolished in Borokiri area for schools and some other developments, but Moslems will always sacrifice for the sake of development.
Note also that Islam is a visible religion (we pray five times a day, plus once a week on Fridays). So, wherever Moslems are in numbers, they will have a mosque nearby. The land was bought from the Amadi family. Gov Amaechi was passing one day and stopped and asked, who is building on my land. Note the word, my land. So we still wonder if the land in question is government or personal land. This was why Moslems went to the Ministry of Lands for charting.
At a point, the owner/seller took the Government to court. Two cases are involved, one is between Amadi and the Government, the other is between the Moslems and State Government. We found that there is a resolution between the Nkpogu and Amadi communities that mosque must not be built there, just for ego. The land is in between them. The same man (Amadi) sold land there to other buyers, and in fact, there are three churches there. None was demolished. We sank a borehole there but we had to abandon it for some boys.
Was the place a mosque?
It was work in progress. The area is swampy, so piling work had to be extensive. That is why huge funds were sunk into piling work and this made it look like a dwarf building yet with pillars, columns and piling.
Approvals:
There is nothing we did there that has no approval, from Amaechi time. We are law-abiding people.
Our conclusion is that they do not want a mosque in that area. We are facing same thing at the UST (now RSU). It was demolished during Amaechi time. We took the matter to court and won. They went to appeal and we won. It is surprising that it is the State Government that now went to Supreme Court instead of the UST. Imagine the state government going up to Supreme Court for a small mosque in a university. Everywhere you go, you will see Catholic, Protestants, and Pentecostal churches and then a mosque. In the UST, there is no mosque. If universities were truly universal study centres, so you will tell Pakistanis teaching there that their children will not practise their faith?
We strongly believe there is a link between the UST matter and the Trans-Amadi matter. We believe the governor has been misadvised by interested parties from the two communities.
History of Islam in PH:
In 1896, Lord Harcourt met Moslems in Elele. A mosque was in use in 1933 in Port Harcourt. Islam is not new in Rivers State. The impression is that Moslems are Hausa, poor and illiterate. It is not true that Amaechi relocated the Trans-Amadi mosque to Bori camp. There is only one mosque in Bori Camp. Moslems do not have two mosques in one place.
Wike declared Rivers State a Christian State, contrary to Section 38:1 of the 1999 Constitution he swore to defend. This is recipe for anarchy.
Certificate of Occupancy?
It is a community land, so you cannot ask for a Certificate of Occupancy. Besides, Rivers State Government does not issue land papers. It is only the Deed of Conveyance between you and the seller that you have. For 12 years, some of our people have asked for C/O to no avail. (But the Rivers State government said it issued hundreds of certificates of occupancy in the governor’s first one year in office, and keeps issuing). The Omereji court hinged its ruling on absence of C/O.
Look, government officials always tell us that the place is not Government land but that they will not allow anybody build mosque there. Documents we have include: Charting, Approved Design to build. Court papers. I am close to that mosque because I was guest lecturer there at the last Ramadan fasting.
Way out
The legal adviser said: Way out: Give us another place in Trans-Amadi. We do not want trouble and we too have our internal wrangling. There are some of our people who think this mosque would overshadow others.
Don’t fear us, we are not terrorists, but there are bad people everywhere. We are not doing crusades to increase the population of Moslems but we just pray together because we believe that prayer with the congregation fetches 27 times what praying alone would fetch. If Allah wants members, He will get them. We are not striving with anybody. Just give us another place if that spot is too important to you. We have hope that this matter would be resolved out of court because many persons have intervened.
Gov Wike is known to be very close to the Sultan of Sokoto and some other northern emirs and leaders. He cultivated the respect and closeness of the North when he was minister and kitchen cabinet member of the former president and was said to have used this to assist many northern leaders and emirs. He also was part of the almajiri education programme.
These contacts would be handy now to get political solution to this saga. The Arewa Consultative Forum is heading to Port Harcourt and may also make peace. Sources close to the Muslims believe the governor has all it takes to halt the matter by pacifying the aggrieved Muslims. They believe he was acting on wrong briefing from interested parties. They ask for another place and whatever is possible within his abilities.