By Amayindi Yakubu
THE Delta State High Court in Asaba presided over by the Chief Judge, Justice Tessy Diai, yesterday, received an affidavit and supporting documents tendered by member of the Delta State House of Assembly representing Oshimili North, Barr. Frank Esenwah over a land dispute with Property World Africa Network (PWAN).
The material included paragraphs 13 and 52 of his sworn statement, which he asked the court to admit as evidence for consideration.
Prosecuting counsel told the court that PWAN understood that the defendant had agreed to sell the land to them for N105m. Barr. Esenwah, who gave evidence as a witness, said he received only N20 million from the claimant and issued a receipt for that sum. He further told the court that he took a PWAN representative to inspect the land and that there had been an oral understanding between him and the claimant.
The prosecution raised an unexecuted development partnership agreement between his client and the defendant and said his client never signed the document because it did not reflect the company’s policy
Esenwah responded that the draft agreement was prepared by the claimant and that he had reservations about the partnership document. The prosecuting counsel pressed him to explain what issues he had with the agreement, and he responded that he did not have a copy of the document in court to point out areas of concern. When asked whether he knew that PWAN had erected signposts on the land after the N20 million payments, he said he is aware.
Counsel for PWAN referred to a meeting at the Spring Hill Hotel attended by PWAN management led by Dr. Jayne Obioma Onwumere, at which Barr. Esenwah was reportedly asked when he would return the N20 million. Prosecuting counsel also said Barr. Esenwah had indicated an intention to sell the land, but he denied selling the property to anyone and said he was developing it himself.
Laughter broke out in court after the prosecuting counsel revealed that the witness, who is also a lawyer, is his mentor and that he was merely applying lessons learned in practice. The matter was adjourned to May 2025 for further hearing.
