Court nullifies Obaseki’s revocation of Ize-Iyamu’s farmland, awards N5 million damages

 

An Edo State High Court, led by Justice Peter Akhihiero, has nullified the revocation of the Certificate of Occupancy (CofO) for parcels of farmland in Amagba, Benin Kingdom, Oredo Local Government Area, belonging to All Progressives Congress (APC) chieftain Pastor Osagie Ize-Iyamu.

The revocation, made by Governor Godwin Obaseki’s administration, was challenged in a suit filed by Ize-Iyamu and I.O. Farms Limited.

In his judgment on suit B/637/2021, Justice Akhihiero awarded N5 million in general damages to Ize-Iyamu and held that the Edo State Governor, the Attorney-General, and the Edo State Geographic Information Service (EdoGIS) had trespassed on Ize-Iyamu’s land since July 7, 2021.

The court also issued a perpetual injunction, restraining the defendants, their servants, agents and/or privies from encroaching on or doing anything to Ize-Iyamu’s parcels of land, inconsistent with his right.

The APC chieftain’s (Ize-Iyamu’s) CofO to the land at Ward 36/A, Amagba Village, Benin was maliciously revoked by Obaseki on Wednesday, July 7, 2021, and published on page 47 of a national newspaper (not The Nation), of the same date.

Dissatisfied with the mode of revocation of his title to the parcels of land, Ize-Iyamu, a lawyer, instituted the suit, contending that the purported revocation did not comply with the provisions of the Land Use Act, noting that the revocation breached Section 28 of the Land Use Act, Cap. L5, Laws of the Federation of Nigeria, 2004 and so, violated the Constitution of the Federal Republic of Nigeria and should be set aside, declared null and void by the court.

After the adoption of written addresses by E.E. Akhimie for the defendants, and K.O. Obamogie, SAN, for the claimants, the presiding judge formulated two issues for determination, noting that: “Upon a careful examination of the issues formulated by counsel to the parties, I am of the view that the two issues formulated by the claimant’s counsel are more comprehensive to determine this suit. I will therefore adopt the two issues with some simple modifications as follows: Whether the first defendant’s revocation of the claimants’ title to their alleged parcels of land in Ward 36/A, Amagba Village, Benin City was valid in law, and whether the defendants are liable for trespass.”

Justice Akhihiero, in his judgment, resolved the two issues in favour of Ize-Iyamu and his farm, thereby holding that from the evidence led by both the claimants and defendants, it was evident that the alleged revocation of the claimants’ right of occupancy was in breach of the provisions of the Land Use Act.

The presiding judge also held that: “Since I have held that the revocation of the claimants’ right of occupancy was invalid, it is evident that the defendants’ entry upon the claimants’ parcels of land, without their permission or consent, amounts to trespass.

Having resolved the two issues in favour of the claimants, I hold that the claims succeed, and they are granted as follows:

“A declaration that the first defendant’s purported revocation of the first claimant’s right of occupancy to the parcels of land, lying and situated at Ward 36/A, Amagba Village Area, Benin City, vide the defendants’ publication of the 7th of July, 2021 is in breach of Section 28 of the Land Use Act, Cap. L5, Laws of the Federation of Nigeria, 2004 and consequently unconstitutional, illegal, invalid, null, and void, and of no effect whatsoever.

“A declaration that the first defendant’s purported revocation of the claimant’s right of occupancy to the parcels of land lying and situated at Ward 36/A, Amagba Village Area, Benin City, without strict adherence to the due process of law on the nebulous ground of ‘overriding public interest to wit: for public purpose within the Edo State of Nigeria,’ is unconstitutional, illegal, invalid, null and void, and of no effect whatsoever.

Our reporter in Benin made efforts yesterday to confirm from Edo Attorney-General and Commissioner for Justice, Oluwole Osaze-Uzzi, who is the immediate National Commissioner and Chairman, Information and Voter Education Committee (IVEC) of the Independent National Electoral Commission (INEC), if the landmark judgment by the courageous, bold and fearless judge of Edo high court would be appealed or not, but his (Osaze-Uzzi’s) mobile line was not available, at press time.

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