A Benin High Court presided
over by Honourable Justice Peter Akhihiero, has nullified the revocation of the
Certificate of Occupancy (C of O) of parcels of land at Amagba village in Oredo
Local Government Area, belonging to Pastor Osagie Ize-Iyamu, by the Edo State
government.
The nullification order was
given by the presiding judge while delivering judgment in Suit No:B/637/2021
instituted by Pastor Ize-Iyamu and I. O. Farms Limited, challenging the
revocation of the 1st Claimant’s right of occupancy to the parcels of land at
Ward 36/A, at Amagba village area of Benin City.
The Court also awarded five
million Naira as general damages to the Claimant, having held that the Governor
of Edo State, Attorney General of Edo State and Edo State Geographic
Information Service; the 1st, 2nd and 3rd Defendants respectively in the suit
committed act of trespass on Ize-Iyamu’s parcels of land at Amagba Village
since 7th July, 2021 and gave, “An order of perpetual injunction restraining
the Defendants, their servants, agents and/or privies from encroaching on or
doing anything of the Claimant’s land inconsistent with the Claimants’ right
thereto”.
Ize-Iyamu’s Certificate of
Occupancy to his land at Ward 36/A at Amagba Village area of Benin City was
revoked by the Governor of Edo State on Wednesday, 7 July, 2021 and published
same on page 47 of Vanguard Newspaper of the same date.
Dissatisfied with the mode of
revocation of his title to the said land, the Claimant instituted Suit No:
B/637/2021 with the Governor of Edo State, Attorney General of Edo State and
Edo State Geographic Information Service as the 1st, 2nd and 3rd Defendants
respectively.
The Claimant had contended 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, violates 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 (Esq) for the Defendants and K. O. Obamogie (Esq)
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 1st 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.
In his judgment, the Court
resolved the two issues in favour of the Claimants and held that from the
evidence led by both the Claimants and Defendants that it is “Evident that the
alleged revocation of the Claimant’s right of occupancy was in breach of the
provisions of the Land Use Act”.
The judge also held that,
“Since I have held that the revocation of the Claimant’s 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”.
Continuing, the Court held
that, ” Having resolved the two issues in favour of the Claimants, I hold that
Claims succeed and they are granted as follows:
“A declaration that the Ist
Defendant’s purported revocation of the 1st Claimant’s right of occupancy to
the parcels of land lying and situate at Ward 36/A, Amagba Village Area, Benin
City vide the Defendants’ publication on page 47 of the Vanguard Newspaper 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 Ist
Defendant’s purported revocation of the Claimant’s right of occupancy to the
parcels of land lying and situate 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;
“A declaration that the
Revocation Notice published on page 47 of the
Vanguard Newspaper of
Wednesday, July 7, 2021 purportedly revoking Claimants’ right of occupancy to
land at Amagba Village Area, Oredo Local Government Area without strict
adherence to the due process of
Law is unconstitutional, null
and void and of ‘no effect whatsoever;
“A declaration that the 1”
Defendant’s revocation of the 2nd Claimant’s right of occupancy to the parcel
of land lying and situate at Amagba Village Area, Benin City, Oredo Local
Government Area without strict adherence to the due process of law is unconstitutional,
illegal and in breach of section 28 of the Land Use Act, Cap. L5, Laws of the
Federation of Nigeria, 2004 and consequently, null and void and of no effect
whatsoever;
“An order setting aside the Ist
Defendant’s purported revocation of the Claimants’ right of occupancy to the
aforesaid parcels of land”.
The Court therefore awarded five million Naira as general damages to the Claimant.
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