A Benin High Court, presided over by Justice Peter Akhihiero, has nullified the Edo State government’s 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.
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, committed acts of trespassing on Ize-Iyamu’s parcels of land at Amagba Village since 7 July 2021.
“An order of perpetual injunction restraining the Defendants, their servants, agents and/or privies from encroaching on or doing anything on 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Ize-Iyamu’s Certificate of Occupancy to his land at Ward 36/A at Amagba Village area of Benin City was revoked by the Governor of Edo State on Wednesday, 7 July, 2021 and published same on page 47 of Vanguard Newspaper of the same date.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 violated the constitution of the Federal Republic of Nigeria. Therefore, the court should set aside and declare the revocation null and void.
After the adoption of written addresses by E. E. Akhimie for the defendants and K. O. Obamogie SAN, 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 Claimant’s title to their alleged parcels of land in Ward 36/A, Amagba Village, Benin City was valid in law? And, Whether the the Defendants are liable for trespassing.”
In his judgement, 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”.
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