A new legal dimension has unfolded in the protracted dispute over the Obunagu Obeagu communal lands in Awkunanaw, Enugu South Local Government Area, with appellants in Suit No. E/939/2020 formally urging the Enugu State High Court to suspend any execution of judgment pending the outcome of an appeal before the Court of Appeal, Enugu Division.
In a letter dated January 20, 2026, and addressed to the Chief Registrar of the Enugu State High Court, solicitors to the appellants—Messrs Friday Nnanna Ani, Hon. Chukwudi Nnaji, Mr. Sunday Nnamani, Elder Anthony Ani and Chief Ikechukwu Ogbodo—warned against any attempt to enforce the judgment of the lower court while an appeal is already subsisting.
The appellants, acting for themselves and on behalf of the people of Obunagu Obeagu Awkunanaw, excluding the respondents, are contesting the judgment delivered on June 17, 2025, by Hon. Justice H. O. Eya, which was entered in favour of the defendants, now respondents at the Court of Appeal.
According to the letter signed by R. O. C. Okorie, Esq., Managing Partner of the law firm representing the appellants, the dispute revolves around what the appellants described as “illegal dealings” with Obunagu Obeagu communal lands by the individuals listed as defendants in the original suit.
Unhappy with the decision of the trial court, the appellants filed a Notice of Appeal on August 13, 2025, setting out five grounds upon which they are seeking the intervention of the Court of Appeal to set aside the judgment. The solicitors stated that the notice was duly served on the respondents.
They further disclosed that Appeal Form 6, relating to the settlement of records and scheduled for January 27, 2026, had also been served on the respondents, with proofs of service attached to their correspondence with the court.
Despite the pending appeal, the appellants alleged that the respondents are taking steps to obtain an execution order to enforce the judgment of the High Court, a move they described as contrary to due process and a breach of the rule of law.
“We humbly call on you to use your good office to halt the said execution order so as to preserve the res in view of the pending appeal and in the best interest of justice,” the letter stated.
The appellants stressed that preserving the subject matter of the litigation is a core principle of the appellate process, warning that executing the judgment while the appeal is pending could render the appeal nugatory.
They also cautioned that enforcing the judgment at this stage could heighten tension within the community, erode public confidence in the judiciary and encourage self-help, with the attendant risk of a breach of peace.
In view of these concerns, the appellants urged the Chief Registrar to ensure that no execution order is issued or enforced in respect of the judgment until the Court of Appeal has fully determined the appeal.
A copy of the letter was also forwarded to the Chief Judge of Enugu State, Hon. Justice A. R. Ozoemena.
As of the time of filing this report, there was no official response from the Enugu State High Court or the respondents to the appellants’ claims.
