In a significant legal victory, the High Court of Justice in Benin has ruled in favour of Pastor Osagie Ize-Iyamu, a former governorship candidate and his company I.O. Farms in a high-stakes land dispute with the Edo State Government and its Governor, Godwin Obaseki.
The ruling comes same day the Federal High Court in Abuja failed to set aside the reinstatement of Comrade Philip Shaibu as Edo State Deputy Governor as sought by the Obaseki-led state government.
The court’s judgment, delivered in suit number 8/637/2021, centered on the defendant, Obaseki’s purported revocation of the claimant, Ize-Iyamu’s right of occupancy to a parcel of land located in Amagba Village, Benin City.
After carefully examining the case, the court unequivocally sided with Pastor Ize-Iyamu, declaring the revocation as unconstitutional, illegal, and invalid.
The landmark ruling highlighted several key legal violations by the Edo State Government. First, the court stated that the governor’s revocation of the claimants’ land rights failed to adhere to the due process mandated by Section 28 of the Land Use Act of the Federation of Nigeria, 2004. The defendants were found to have disregarded the proper procedures required when revoking land for “overriding public interest.”
Furthermore, the court granted a perpetual injunction, restraining the defendants and their agents from encroaching on the disputed land. This decisive move ensures that Pastor Ize-Iyamu and I.O. Farms retain full and unhindered rights to the property.
In addition to restoring the claimants’ land rights, the court awarded substantial damages. Pastor Ize-Iyamu and I.O. Farms were granted ₦5 million in general damages, as well as ₦200,000 in legal costs, to compensate for the trespass committed by the defendants.
This victory holds significant implications, not only for Pastor Ize-Iyamu but also for the broader issue of land ownership rights in Nigeria. The court’s ruling reinforces the importance of adhering to the Land Use Act and the due process required when government authorities seek to revoke land rights, even for purported public interest purposes.
Residents of Edo State have reacted with a mix of shock and outrage, particularly in light of reports that the outgoing Governor Godwin Obaseki has also reportedly revoked the certificate of occupancy of a late Benin billionaire, Captain Hosa Okunbor’s farmland. Many have decried these actions as “extraordinary wickedness” and a continuation of the governor’s perceived vendetta against his political opponents.
For Pastor Osagie Ize-Iyamu, this legal victory represents a significant triumph, not only in the immediate dispute but also in upholding the integrity of the judiciary and the rule of law. The High Court’s ruling serves as a testament to the importance of persevering in the pursuit of justice, even in the face of powerful adversaries.
