The Benin High Court, presided over by Justice Peter Akhihiero, has nullified the revocation of the Certificate of Occupancy (C of O) for parcels of land in Amagba village, Oredo Local Government Area, owned by Pastor Osagie Ize-Iyamu, as ordered by the Edo State government.
Justice Akhihiero issued the ruling while delivering judgment in Suit No: B/637/2021, filed by Pastor Ize-Iyamu and I.O. Farms Limited to challenge the revocation of their right of occupancy to land in Ward 36/A in the Amagba village area of Benin City.
The court also awarded N5 million in general damages to the Claimant, asserting 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 in the suit—had committed acts of trespass on the land since July 7, 2021.
The revocation was announced by the Governor of Edo State on Wednesday, July 7, 2021, and published on page 47 of the Vanguard Newspaper on the same date. Dissatisfied with this action, Ize-Iyamu filed the suit against the Governor, the Attorney General, and the Geographic Information Service.
The Claimant argued that the alleged revocation did not adhere to the Land Use Act, claiming it violated section 28 of the Land Use Act, Cap. L5, Laws of the Federation of Nigeria, 2004, and consequently breached the constitution of the Federal Republic of Nigeria. He sought for the court to set aside the revocation as null and void.
In his judgment, the court ruled in favor of the Claimants on both issues, determining that the evidence presented demonstrated that the revocation of the Claimant’s right of occupancy breached the provisions of the Land Use Act.
Justice Akhihiero further stated, “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.