Court nullifies revocation of Ize-Iyamu’s C of O by Edo govt

Reprieve came the way of the former Secretary to Edo State Government (SSG), Osagie Ize-Iyamu, as a Benin High Court presided over by Justice Peter Akhihiero, nullified the revocation of the Certificate of Occupancy (C of O) of the parcels of land at Amagba village in Oredo Local Government Area of the state, owned by the politician.

Ize-Iyamu , who contested the Edo State governorship seat against the incumbent Governor Godwin Obaseki, in 2026, as the governorship candidate of the Peoples Democratic Party (PDP), and in 2020, when he flagged the flag of the All Progressives Congress (APC), had the C of O of the parcels of land revoked shortly after the 2020 gubernatorial election in the state.

Before the revocation by the Edo State Government, Oze-Iyamu had used the expanse of land as a commercial farm.

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 N5 millio as general damages to the claimant, having held that the governor of Edo State, the Attorney General of Edo State and Edo State Geographic Information Service; the 1st, 2nd and 3rd defendants respectively committed act of trespass on Ize-Iyamu’s parcels of land at Amagba Village since 7, July 2021l.

The court therefore gave, “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Ize-Iyamu’s Certificate of Occupancy to his land at Ward 36/A at Amagba village area of Benin City was revoked by the Edo State governor on Wednesday, 7 July, 2021 and published the same on page 47 of Vanguard Newspaper of the same date.

Dissatisfied with the mode of revocation of his titles 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 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 and declared null and void by the Court.

After the adoption of written addresses by E. E. Akhimie for the Defendants (Esq) and K. O. Obamogie (Esq) 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 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 tresspass.

In his judgment, the Court resolved the two issues in favour of the Claimants and held that the from the evidence led by both the Claimants and Defendants tit 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”.

Continuing the Court held that, ” Having resolved the two issues in favour of the Claimants, I hold that Claims succeed and they granted as follows:

“A declaration that the Ist Defendant’s purported revocation of the 1st Claimant’s right of occupancy to the parcels of land lying and situate at Ward 36/A, Amagba Village Area, Benin City vide the Defendants’ publication on page 47 of the Vanguard Newspaper of the 7th of July, 2021 is in breach of section 28 of the Land Use Act, Cap. LS, Laws of the Federation of Nigeria, 2004 and consequently unconstitutional illegal, invalid, null and void and of no effect whatsoever;

“A declaration that the Ist Defendant’s purported revocation of the Claimant’s right of occupancy to the parcels of land lying and situate at Ward 36/A, Amagba Village Area, Benin City without strict adherence to the due process of law on the nebulous ground of “overriding public interest to wit: for public purpose within the Edo State of Nigeria” is unconstitutional, illegal, invalid, null and void and of no effect whatsoever;

“A declaration that the Revocation Notice published on page 47 of the Vanguard Newspaper of Wednesday, July 7, 2021 purportedly revoking Claimants’ right of occupancy to land at Amagba Village Area, Oredo Local Government Area without strict adherence to the due process of law is unconstitutional, null and void and of ‘no effect whatsoever.

“A declaration that the 1” Defendant’s revocation of the 2nd Claimant’s right of occupancy to the parcel of land lying and situate at Amagba Village Area, Benin City, Oredo Local Government Area without strict adherence to the due process of law is unconstitutional, illegal and in breach of section 28 of the Land Use Act, Cap. LS, Laws. of the Federation of Nigeria, 2004 and consequently, null and void and of no effect whatsoever;

“An order setting aside the Ist defendant’s purported revocation of the claimants’ right of occupancy to the aforesaid parcels of land.”

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