Court voids 'Ukwuna', confirms Ngwo not community in Enugu North LGA

The Enugu State High Court has cancelled and declared as null and void a new autonomous Community, 'Ukwuna', from Enugu-Ngwo, created by the past state administration in 2023 into Enugu North local government Area.

The court affirmed that in law, there is no part of Enugu North local government area referred to as Enugu Ngwo autonomous community from where any other autonomous community could be created from and invalidated the new creation.

In a judgment delivered by Hon. Justice C.O. Ajah (PhD), the court held that Enugu-Ngwo community, by relevant laws establishing Enugu North local government council, has never been part of the local government, except the two autonomous communities of Ogui-Nike and Umunevo Ogui-Nike.

The two Ogui-Nike autonomous communities had in suit No E/642/2024, gone to court shortly after the 2023 establishment of "Ukwuna autonomous Community" from Enugu-Ngwo community and purporting the creation to emanate from Enugu North local government area.

The creation of Ukwuna autonomous Community was done in the twilight of the immediate past Enugu State administration, after which members of the two communities as well as members of Enugu North local government went to court challenging the creation of Ukwuna autonomous Community from Enugu Ngwo into Enugu North LGA where Enugu Ngwo never belonged.

Delivering judgment on the matter, on December 16 2025, Justice Ajah held that, "you cannot create something out of nothing," adding that "no one gives what he possess not ... he gives nothing who has nothing.

"Can the Governor of Enugu State create an autonomous community from a named autonomous community that does not exist and has never existed in the said Enugu North Local Government Area? The answer is an emphatic "No". This is an exercise in futility. Enugu Ngwo autonomous community does not exist in Enugu North Local Government Area and has never existed there.

"...the 2nd Defendant (Governor of Enugu State) for the reasons best known to him created the Ukunna Autonomous Community from the existing Enugu Ngwo Autonomous Community, Enugu North Local Government Area when no such autonomous Community existed. That is like putting something on nothing. There is no existing Enugu Ngwo Autonomous Community in Enugu North Local Government Area from which Ukwuna autonomous community can be created. In other words Ukwuna Autonomous Community is created from nothing and it amounts to nothing," Justice Ajah held.

The Judge noted that in the Schedule to the Enugu State Autonomous Communities (Recognition) Law of 2004, captioned "ENUGU STATE RECOGNIZED AUTONOMOUS COMMUNITIES", in respect of Enugu North Local Government Area, only two autonomous communities were recognized and they are: item numbers 70 and 71 in the Schedule, that is, Ogui Nike which includes all the remaining villages in Ogui Nike and Umunevo Ogui Nike which is made up of all the kindreds in Umunevo. 

The Judge stated that there is no evidence both depositions and documentary, from any of the parties suggesting or showing that there exists any other autonomous Community in Enugu North local government area as at May 25th, 2023, when Ukwuna autonomous Community was created.

The judgment noted that the creation of Ukwuna autonomous Community was not the grievance of the plaintiffs, but it's imposition in Enugu North local government where Enugu Ngwo never existed by the extant laws of Enugu State.

The Judge said, "My own understanding of the suit is just about following due process in the creation of Ukwuna Autonomous Community and that is why the suit is commenced by originating summons.

"My another finding under the evidence available to court is that even up till today, there is no Autonomous Community existing in Enugu North Local Government by the name Enugu Ngwo Autonomous Community and there was never at any time in the history of Enugu North Local Government Area when there was any Autonomous Community recognized by law existing in Enugu North Local Government Area by the name Enugu Ngwo Autonomous's Community. This does not mean that there are no Ngwo Indigenous group forming part of Enugu North Local Government Area, but such groups were never called Enugu Ngwo Autonomous Community.

"Finally in this regard, none of the defendants both 1st Set and 2nd set of, defendants has shown by any admissible evidence that there exist in any Local Government in Enugu State any autonomous community by the name Enugu Ngwo autonomous community created and recognized by the Government of Enugu State. 

"This does not mean that there are no settlements within Ngwo as Autonomous Community known as Enugu Ngwo but they are not autonomous community recognized by law in Enugu State. Of course, it is not only Ogui Nike people that inhabit Enugu-North Local Government Area After all, it is a cosmopolitan Local Government Area but as at the 25th May 2023, before the purported creation and recognition of Ukwuna Autonomous Community, therefore were only two autonomous communities recognized by law existing in Enugu North Local Government Area and that is Ogui Nike and Umunevo Ogui Nike Autonomous communities. See Section 8 and Items 70 and 71 of the Schedule to the Enugu State Autonomous Communities (Recognition) Law Cap 41, Laws of Enugu State, 2004.

"In the absence of any contrary evidence from the defendants, these facts are deemed admitted by the parties and the court is under compulsive mandate to accept these facts and act on them as the truth of what they narrate."

The court further granted all the reliefs claimed by the plaintiffs including an order of perpetual injunction restraining the defendants by themselves, privies, agents from further recognizing or continuing to recognize any aggregation of non indigenes and or tenants on Ogui Nike Land as Ukwuna autonomous Community or any other autonomous community not being indigenous to Enugu North Local Government Area of Enugu State.