- Court declared that the revocation on the grounds of “overriding public interest” was unconstitutional, invalid, and of no effect whatsoever, as it failed to follow the due process of law
A Benin High Court presided over by Honourable Justice Peter Akhihiero, has nullified the revocation of the Certificate of Occupancy of parcels of land at Amagba Village in Oredo Local Government Area of Edo State belonging to Pastor Osagie Ize-Iyamu, by the state government.
According to the court documents made available to journalists on Friday, the nullification order was issued on Monday, 23 September, while the judge delivered the judgement in Suit No: B/637/2021, instituted by 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, Amagba Village, Benin City.
The court also awarded N5 million in general damages to the Claimant, after holding that the Governor of Edo State, the Attorney General of Edo State, and the Edo State Geographic Information Service, the 1st, 2nd, and 3rd Defendants respectively, committed trespass on Ize-Iyamu’s parcels of land at Amagba Village on 7 July 2021.
The court further issued “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 Claimant’s rights thereto.”
Ize-Iyamu’s Certificate of Occupancy for his land at Ward 36/A, Amagba Village, Benin City, was revoked by the Edo State Government on Wednesday, 7 July 2021, and the revocation was published on page 47 of the Vanguard newspaper on the same date.
Irked with the manner of the revocation, the Claimant filed Suit No: B/637/2021, listing the Governor of Edo State, the Attorney General of Edo State, and the Edo State Geographic Information Service as Defendants.
The Claimant argued that the revocation did not comply with the provisions of the Land Use Act, stating that it breached section 28 of the Land Use Act, Cap. L5, Laws of the Federation of Nigeria, 2004, and therefore violated the Constitution of the Federal Republic of Nigeria, making it unconstitutional, null, and void.
Following the adoption of written addresses by E.E. Akhimie for the Defendants and K.O. Obamogie for the Claimants, the presiding judge framed two issues for determination.
The judge noted, “Upon careful examination of the issues formulated by counsel for the parties, I am of the view that the two issues formulated by the Claimant’s counsel are more comprehensive to determine this suit.”
The judge adopted the issues with slight modifications as follows: “Was the 1st Defendant’s revocation of the Claimants’ title to the parcels of land in Ward 36/A, Amagba Village, Benin City valid in law?” and “Are the Defendants liable for trespass?”
In his judgement, the court resolved both issues in favour of the Claimants, ruling that the revocation of the Claimant’s right of occupancy was in breach of the Land Use Act.
The judge also held that “since the revocation of the Claimant’s right of occupancy was invalid, the Defendants’ entry onto the Claimant’s parcels of land without permission or consent amounts to trespass.”
Continuing, the court held, “Having resolved both issues in favour of the Claimants, I hold that the claims succeed and are granted as follows:
“A declaration that the 1st Defendant’s purported revocation of the 1st Claimant’s right of occupancy to the parcels of land at Ward 36/A, Amagba Village, Benin City, as published in the Vanguard on 7 July 2021, is in breach of section 28 of the Land Use Act, Cap. L5, Laws of the Federation of Nigeria, 2004, and is consequently unconstitutional, illegal, null, and void.”
The court further declared that the revocation on the grounds of “overriding public interest” was unconstitutional, invalid, and of no effect whatsoever, as it failed to follow the due process of law.