A Benin High Court presided over by Justice Peter Akhihiero, has 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.
Justice Akhihiero gave the order while delivering judgment in Suit No:B/637/2021 instituted by Pastor Ize-Iyamu and I. O. Farms Limited, challenging the revocation of his right of occupancy to the parcels of land at Ward 36/A, at Amagba village area of Benin City.
The Court also awarded N5million 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 the land since July 7, 2021.
The land was revoked by the Governor of Edo State on Wednesday, 7 July, 2021 and published on page 47 of Vanguard Newspaper of the same date.
Dissatisfied with the mode of revocation, Ize-Iyamu 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.
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”.
