President of the Uganda People’s Congress (UPC) party faction, Jimmy Akena, has said he will resist any attempts by ‘greedy’ individuals to grab land belonging to his deceased father, Apollo Milton Obote.
According to Lira Municipality Member of Parliament, there have been several attempts by some people to illegally acquire huge chunks of land, which Obote left for his descendants.
The controversial territory located at Akokoro Sub-county, Apac District, is occupied customary land currently randomly settled by descendants of Iburaim Akaki, Stanley Opeto, and other members of Obote’s Oyima clan and non-clan members. The late Father of the Nation is also buried in the same land.
“I will ‘fight’ to ensure that the descendants of Enosi [Adoko] receive all that they are entitled to. Leave all that was for Enosi to his descendants and that for Obote to his descendants,” the legislator said via Oyima Family Network (OFN) WhatsApp group recently.
The Court documents, copies of which this has obtained, however, indicate that the land row started way back in 2012.
The land claim number 04 of 2012 was first brought up against five nonmembers of Oyima clan, who were allegedly laying “permanent” claims of ownership to the land.
Two years later, Obote’s family then sued Charles H.T.A Akora, son of Obote’s eldest brother, Enosi Adoko, seeking to recover 200 acres out of 700 of customary land he allegedly grabbed.
In his affidavit, Akora averred the contentious territory was un-surveyed and required participation of other key descendants and beneficiaries of Iburaim Akaki and Stanley Opeto.
The respondent added that his claim on the 700 acres of land was premised on the Lango customary land laws where the eldest son becomes a trustee of land and other assets left by a deceased head of the family.
The Land Act of 1998 states that for the purpose of holding land under customary tenure, a family shall be deemed to be a legal person represented by the head of the family.
“….I am a trustee of the 700 acres as heir to Stanley Opeto through his eldest son Enosi Adoko (my father), not owner. Neither do I intend nor wish to own it exclusively,” Akora said, adding the descendants of Iburaim Akaki and Stanley Opeto many of whom are in Uganda and Diaspora have equal rights of ownership to the 700 acres.
The respondent further said the land where Obote is buried is also family burial ground belonging to their great grandfather; Iburaim Akaki’s family and not exclusive to late Obote’s family.
However, Akora acknowledged the attempts made by the former Head of State to establish a ranch within Maruzi Central Forest Reserve in Akokoro, which borders the 700 acres of land at Abeibuti, Akokoro Sub-county. But the political turbulence of the mid 1980s frustrated Obote’s efforts and made his initiative and activity to collapse.
This reporter understands the Obote’s ranch project never took off under the coordination of late Christian Akena Onapa, who was appointed as the in charge of the project.
“I believe this is probably where the 200 acres supposedly belonging to Dr Obote and the applicant is mistaken and I sincerely believe the facts are a mixed up,” Akora added.
On April 27, 2017, the High Court in Lira District dismissed with costs an application in which Miria Kalule Obote (Akena’s mother) was seeking to recover the land in question, which she claims is part of her husband’s land.
In her ruling, the Lira High Court judge Lady Justice Winifred Nabisinde, said Obote’s family lacked substantial evidence to prove their case.
Court heard that there was no evidence to prove that the 200 acres of land belonged to Obote’s family because the deceased did not leave any Will in respect to the said asset.
The court further heard that when the court officials together with both the respondent (Charles Akora) and the applicant (Miria Obote) moved to the ground to survey the land, nobody from Akokoro could easily identify Miria Obote with the land.
The judge ruled that “the suit has no merit as it was filed in bad faith and court cannot work on speculations”.
The judge then advised Miria Obote to settle the matter through dialogue with family members or she could appeal against the court decision.
The family was being represented by lawyers Isaac Okae and Vincent Opyene.
Quirinus Oyugi Onono, the defense lawyer said his client (Mr Akora) “genuinely won the case against those who wanted to grab his land.”
But Mr. Akena Obote said the battle is still on.
“The ruling will be studied and appropriately dealt with, but I cannot see a situation where a self-appointed ‘trustee’ will go unchallenged,” UPC president said.
Oyima clan Chief Mzee Akbar Adoko Nekyon declined to comment on the matter, saying he had not yet studied the court ruling. “I have not yet seen a copy of the ruling and can only make a comment after analyzing it,” he said.
When contacted, Mr Akora said: “I have no comments. Thank you.”
