In a significant judgment delivered by the High Court of Justice in Benin, Pastor Osagie Ize-Iyamu, along with I.O. Farms (the claimants), has emerged victorious in a legal battle against the Governor of Edo State, the Attorney General of Edo State, and the Edo State Geographic Information Service (the defendants). The court’s ruling, which centered on the claimants’ right to land ownership in Amagba Village, Benin City, was unequivocally in favor of Pastor Ize-Iyamu and I.O. Farms.
The case, with suit number 8/637/2021, revolved around the defendants’ purported revocation of the claimants’ right of occupancy to the land located at Ward 36/4, Amagba Village. The court, after carefully examining the two core issues presented, ruled that the actions of the Edo State Government and its agencies were in violation of the law.
The highlights of the judgment are as follows:
1. Invalid Revocation of Land Occupancy Rights: The court declared that the 1st defendant’s (the Governor of Edo State) revocation of the claimants’ land rights was unconstitutional, illegal, and invalid. The judgment referenced Section 28 of the Land Use Act of the Federation of Nigeria, 2004, stating that the revocation was done without strict adherence to due process.
2. Breach of Due Process: The court specifically noted that the defendants failed to follow the legal procedures required when revoking land rights for “overriding public interest,” as stated in the revocation notice published on page 47 of the Vanguard Newspaper on July 7, 2021. This failure rendered the revocation null and void.
3. Perpetual Injunction Against Defendants: The court granted an order of perpetual injunction, restraining the defendants, their agents, and privies from encroaching on the land in question. This ensures that Pastor Ize-Iyamu and I.O. Farms retain full and unhindered rights to the property.
4. Damages Awarded: In addition to restoring the claimants’ land rights, the court awarded N5,000,000 (Five Million Naira) in general damages to Pastor Ize-Iyamu and I.O. Farms, citing the trespass committed by the defendants. Furthermore, the defendants were ordered to pay N200,000 (Two Hundred Thousand Naira) in legal costs to the claimants.
This judgment sets a significant legal precedent in land ownership disputes and reinforces the importance of adherence to the Land Use Act. The ruling also emphasizes that government authorities must follow due process when revoking land rights for public interest purposes.
For Pastor Osagie Ize-Iyamu, this victory marks the rightful restoration of his property rights and underscores the integrity of the judiciary in upholding justice.
