Court of Appeal sitting in Akure, the Ondo State capital, has dismissed the suit filed by the federal government over the land accommodating the Federal College of Agriculture, Akure (FECA).
The appellate court presided by Justices Oyebisi Folakemi Omolade, Fredrick Oziakpono Ono and Yusuf Alhaji Bashir affirmed the judgment of an Akure High Court that ceded some parts of the land where FECA was situated to Ogunmokun family.
In a unanimous decision read by Justice Ono described the appeal filed by the federal government as moribund, resolved all issues raised against the government, and dismissed them accordingly with a fine of N500.000.00.
An Akure High Court headed by Justice Adegboyega Adebusoye had declared that the Ogunmokun family and members of the family are persons entitled to a statutory right of occupancy in respect of a piece of land situated, lying and being at Akure-Owo-Ilesha Road which is known as Okutania/Ogunmokun family land which is more appropriately described in survey plan No JOE/OD/777/88 with beacon pillar Nos PBE 260 to PEB 2672, AFA 8720 and AFA 8721.
A declaration that at no time was the said land acquired by the federal government for whatever purpose and that the federal government can only acquire a piece of land for a public purpose and not for other purposes like selling, leasing, and alienating to any private individuals.
The court also held that the acquisition of the family land by the federal government in 1949, as contained in the Nigeria Gazet, is only limited to the area described as 685.9 acres, and the boundary is limited to the description as contained in the and that the defendants cannot unilaterally expand it.
Displeased with the lower court’s decision, the federal government, through its lawyer, Ola Dan Olawale, asked the appellate court to set aside the judgment and affirm the federal government as the high owner of the contentious land.
The appellants included the Federal Ministry of Agriculture, the Federal College of Agriculture, the Federal Ministry of Lands, Housing and Urban Development, and the attorney-general and minister of justice.
However, counsel to the Ogunmokun family, Mr Daisi Akindehin, said since the attorney-general and minister of justice had been included in the suit, it conferred jurisdiction of personality on the appellants.
In its judgment, the Court of Appeal dismissed the appeal of the federal government. It affirmed the earlier judgment of Justice Adebusoye that ceded the parts of the land where the College of Agriculture is situated to the Ogunmokun family.
