A High Court of Justice in Benin has ruled the Edo State Government erred in revoking Pastor Osazee Ize-Iyamu land rights.
Ize-Iyamu, the governorship candidate of the APC in 2020 election in the state and his I.O Farms challenged he revocation of their rights to the state land located at Ward 36/4 in Amagba Village.
The Governor of Edo State, the Attorney General of Edo State, and the Edo State Geographic Information Service were the defendants in the suit number 8/637/2021, which centered on the claimants’ right to land ownership in Amagba Village, Benin City.
A document seen by NDN, stated that “the court, after carefully examining the two core issues presented, ruled that the actions of the Edo State Government and its agencies violated the law, noting revoking the said rights was “unconstitutional, illegal and invalid.”
The judgment referenced Section 28 of the Land Use Act of Nigeria, 2004, stating that revocation was done without strict adherence to due procedure.
The court further ruled on breach of due process by the state government, stating that the defendants failed to follow the legal procedures required when revoking land rights for “overriding public interests” as stated in its revocation notice published in the Vanguard Newspaper on July 7, 2021.
Consequently, it granted a perpetual injunction against the governor, and other defendants, restraining them, their agents and proxies from encroaching on the land in question, thereby conferring full and unhindered ownership of the land on the claimants.
Additionally, 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.
A commentator said the judgment sets significant legal precedent in land ownership disputes and reinforces the importance of adherence to the Land Use Act. “The ruling 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.
