Court Overturns Edo Govt’s Land Revocation of Pastor Osagie Ize-Iyamu’s Property

A Benin High Court has nullified the Edo State Government’s revocation of the Certificate of Occupancy for land owned by Pastor Osagie Ize-Iyamu in Amagba Village, Oredo Local Government Area.

The ruling was delivered by Honourable Justice Peter Akhihiero in response to a legal challenge filed by Ize-Iyamu and I.O. Farms Limited. The case, with Suit No: B/637/2021, sought to overturn the government’s decision to revoke his right of occupancy.

The court issued its verdict on Monday, September 23, and ruled in favor of the plaintiffs, awarding N5 million in damages to Ize-Iyamu.

The judge held that the Edo State Governor, the Attorney General of Edo State, and the Edo State Geographic Information Service — listed as the 1st, 2nd, and 3rd defendants respectively — were guilty of trespass on Ize-Iyamu’s land on July 7, 2021.

The court further issued an injunction prohibiting the defendants or their representatives from encroaching on the land in the future.

The land dispute began when the Edo State Government revoked Ize-Iyamu’s Certificate of Occupancy on July 7, 2021, claiming it was for “overriding public interest.” The revocation was published in the Vanguard newspaper that same day. However, Ize-Iyamu, dissatisfied with the process, took legal action, arguing that the revocation violated the provisions of the Land Use Act.

The court examined two key issues: whether the government’s revocation of Ize-Iyamu’s land was lawful and whether the defendants were liable for trespass.

After reviewing the arguments from both sides, the court ruled that the revocation breached Section 28 of the Land Use Act, which outlines conditions for land revocation under Nigerian law. As such, the judge declared the government’s actions unconstitutional and void.

Justice Akhihiero stated, “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.”

The court’s decision also dismissed the state government’s justification for the revocation, stating that the claim of “overriding public interest” was not supported by due process, rendering the action unconstitutional and without effect.

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