By Lucky Isibor
A Benin High Court presided over by Honourable Justice Peter Akhihiero, on Monday, 23 September, 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 7, 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Ize-Iyamu’s Certificate of Occupancy to his land at Ward 36/A at Amagba Village area of Benin City was revoked by the Governor of Edo State on Wednesday, 7 July, 2021 and published same on page 47 of Vanguard Newspaper of the same date.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 1st 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”.