Melody’s Farm Ltd has accused one Cyril Ahukanna Ishmael of allegedly using government agencies and multiple legal actions to frustrate and shut down its poultry farm in Agbaragwu, Isialangwa South Local Government Area of Abia State, despite a subsisting Environmental Impact Assessment certificate issued by the Abia State Ministry of Environment.
The allegations were contained in two letters written by Dynamic Option Chambers, counsel to Melody’s Farm Ltd and Dr. Nwambuisi Elelenta Elele, to the Abia State Environmental Protection Agency and the Ministry of Environment and Solid Minerals Resources.
In a letter dated June 4, 2026, addressed to the General Manager/Chief Executive of ASEPA, Hon. Ogbannia Okereke, the firm responded to an invitation for a meeting over an alleged environmental nuisance complaint at Isialangwa.
The lawyers said their client received a letter dated June 1, 2026, which was allegedly pasted at the gate of its property on June 2, 2026, inviting it to a meeting scheduled for June 4, 2026.
They requested that the meeting be rescheduled to any date within two weeks from June 22, 2026, saying the notice was too short and that officers of the company already had prior engagements.
The chambers also asked ASEPA to furnish the company with a copy of the petition written against it, saying this was necessary to enable the farm know the case against it and prepare its defence in line with the constitutional principle of fair hearing.
According to the letter, the complaint being investigated by ASEPA was allegedly presented by Cyril Ahukanna Ishmael and related to the same poultry farm already involved in pending court proceedings.
The lawyers said Ishmael had earlier filed Suit No. HIN/04/2026 at the High Court of Abia State over alleged nuisance connected with the farm.
They further stated that the same issue was also the subject of Charge No. CC/13/MISC/2026 before the Customary Court, Isiahia Eketa, Isialangwa South LGA, instituted by health officers of the local government in respect of the same farm.
The firm argued that, by the doctrine of lis pendens and the rule of law, ASEPA ought not to intervene in a matter already before the court until the final determination of the pending cases.
The lawyers also cited Section 6(6)(a) and (b) of the 1999 Constitution, arguing that proceeding with the investigation could amount to interference with judicial powers vested in the courts.
They said their client had already obtained an Environmental Impact Assessment certificate from the Abia State Ministry of Environment in respect of the poultry farm and had earlier notified ASEPA of the certification through a letter dated March 13, 2026.
In another letter dated June 15, 2026, addressed to the Commissioner for Environment and Solid Minerals Resources, Philemon Asonye Ogbonna, Dynamic Option Chambers alleged that the Ministry of Environment had contacted Melody’s Farm through Dr. Elele despite having earlier conducted an Environmental Impact Assessment on the farm.
The lawyers said the ministry had issued an Environmental Impact Assessment report of over 200 pages and subsequently issued an EIA certificate in January 2026, signed by the Head of Department in the Environmental Assessment Department of the Ministry of Environment, Umuahia.
They argued that, under the Environmental Impact Assessment Act, such certificate lasts for three years, and expressed surprise that less than six months after certifying that the farm posed no health hazard, the ministry was raising fresh concerns allegedly due to political pressure from Ishmael.
The letter listed several actions allegedly filed or instigated by Ishmael against the farm.
According to the lawyers, Ishmael filed Suit No. HIN/04/2026 on January 28, 2026, against Dr. Elele, a shareholder in Melody’s Farm Ltd, over alleged nuisance connected with the poultry farm.
They also alleged that on January 30, 2026, Ishmael filed Suit No. HIN/5M/2026 against ASEPA, seeking to compel the agency to investigate the same farm despite the existing nuisance suit.
The lawyers further alleged that Ishmael procured his younger brother, Kingsley Ishmael, who works with the Ministry of Justice, Umuahia, in conjunction with one Echefulachi Francis, Esq., also of the Ministry of Justice, to file a criminal charge in Suit No. MON/20c/2026, Commissioner of Police v. Nwambuisi Elelenta Elele, pending before the Magistrate Court, Okpualangwa.
They also alleged that Ishmael caused the Medical Officer of Isialangwa South LGA to file Charge No. CC/13/MISC/2026, Medical Officer of Health v. Dr. Elelenta Nwambuisi Elele, before the Customary Court, Isiahia Eketa, over the same poultry farm.
The chambers said ASEPA had also issued an invitation/abatement notice dated March 11, 2026, to Dr. Elele, following which the law firm replied on March 13, 2026, informing the agency of the EIA certification already issued by the Ministry of Environment.
The firm said no response was received from ASEPA until another letter dated June 1, 2026, was allegedly pasted on the wall of the farm on June 2, 2026, inviting the farm to a meeting over a petition allegedly received from Ishmael.
The lawyers said the farm was shocked when Ishmael later approached the Ministry of Environment, the same ministry that had issued the EIA certificate, allegedly seeking to procure a revocation of the certificate after what they described as a thorough assessment.
The letter also listed cases filed to protect the farm from what the lawyers described as sustained attacks.
These include Suit No. FHC/UM/CS/14/2026, Dr. Nwambuisi Elelenta Elele v. Cyril Ishmael Ahukanna, a fundamental rights action over alleged infringement of Dr. Elele’s property rights.
Another is Suit No. FHC/UM/CS/22/2026, Dr. Nwambuisi Elelenta Elele v. Julieth Res-Chikezie & 3 Ors, also a fundamental rights action before the Federal High Court, Umuahia, challenging charges filed against shareholders of the farm at the Magistrate Court, Okpualangwa, and the Customary Court, Isiahia Eketa.
The lawyers also listed Suit No. HU/57/2026, Melody’s Farm Ltd & Anor v. Isialangwa North Local Government Health Authority & 5 Ors, described as a judicial review and mandamus action over alleged attempts to unlawfully close down the farm.
They further cited Suit No. HU/86/2026, Melody’s Farm Ltd & Anor v. ASEPA & 2 Ors, challenging alleged attempts by ASEPA and Ishmael to conduct a fresh Environmental Impact Assessment despite the existing certification.
Also listed was Suit No. HOM/7/2026, Melody’s Farm Ltd & Anor v. Cyril Ahukanna Ishmael, said to relate to alleged acts of trespass into the poultry farm by Ishmael, either personally or through alleged agents and thugs.
The lawyers warned the Ministry of Environment that any further enquiry into the matter, despite the pending court cases, could amount to an affront to the jurisdiction of the courts and an abuse of court process.
They also warned that any revocation of the EIA certificate allegedly due to pressure from Ishmael would amount to an indictment of the ministry and could expose the ministry and its officials to legal action.
The chambers said any such revocation would cost their client over ₦500 million in damages and warned that they would proceed against the ministry and the commissioner personally before a court of law.
The letter relied on the Supreme Court decision in Agbai v. Okogbue, which restated the principle from Governor of Lagos State v. Ojukwu that once a dispute is before a court, no person or authority is allowed to usurp the functions of the court or interfere with the legal process.
The lawyers therefore urged the commissioner to reconsider the ministry’s position, saying “a stitch in time saves nine.”
The letters were signed by of Dynamic Option Chambers.
The post “Melody’s Farm Warns Abia Ministry, ASEPA Against Fresh Probe” — Says EIA Certificate Subsists, Alleges Neighbour Using Agencies Despite Pending Suits appeared first on TheNigeriaLawyer.
