Members of Oke – Oroma community in Ikpoba/Okha Local Government Area of Edo State, have dragged the Edo State government to a Benin High Court, seeking nullification of the revocation of their right of occupancy to a large parcel of their ancestral land containing an area of 714. 750 hectares erroneously referred to as land at Osagie N’evbuosa, vide a Vanguard Newspaper publication of May 10, 2017.
The Oke-Oroma community claimed that it is in breach of of the mandatory provisions of sections 28 and 44 (1) of the Land Use Act Cap L5, Laws of the Federation of Nigeria.
In it’s statement of claim against the Governor of Edo State, the Attorney General of the State and the State’s Geographic Information Service, who are the first, second and third Defendants respectively, in the suit No. B/61/22; Oke – Oroma, the Claimant represented by Gaius Idusuyi Emokpae, Monday Omorogiuwa, Abel Uwadiae Emokpae, Osaro Uwaifo, Paul Uwuivbonse Isibor and Silvester Eduwuirhofo Obayuwana who are the first to sixth Claimants respectively.
They are claiming that they have enjoyed long and undisturbed ownership and possession of the said land containing an area of 714.750 hectares at Oke – Oroma Village and have carried out diverse acts of ownership of the land including, but not limited to farming, planting both food and economic crops, building their houses.
They avowed that not long ago Oke- Oroma neighbours of Amagba and Obagie N’evbuosa began to lay false claim to Oke-Oroma land which led to the institution of Suit No. B/124/18 by them against the two communities, adding that the trial court issued an order of interlocutory injunction restraining the two communities from further encroachment pending the hearing and determination of the substantive suit.
Oke-Oroma community are also praying the court for: “a declaration that the 1st Defendant’s purported revocation of Claimants’ right of occupancy to the large parcel of land lying and situate at Oke-Oroma Village, Ikpoba /Okha Local Government Area, Edo State containing an area of 714. 750 hectares erroneously referred to as land in Obagie N’evbuosa, Ikpoba/ Okha Local Government Area Area vide Vanguard Newspaper publication of May 10, 2017 is in breach of the mandatory provisions of sections 28 and 44 (1) of the Land Use Act, Cap L5, Laws of the Federation of Nigeria, 2004 and consequently unconstitutional, illegal, null and void and of no effect what so ever.
“A declaration that the 1st Defendant’s purported revocation of the Claimants’ right of occupancy to the large parcel of land lying and situate at Oke-Oroma Village, Ikpoba/ Okha Local Government Area erroneously referred to as land at Obagie N’evbuosa, Ikpoba /Okha Local Government Area without strict adherence to the due process of law is unconstitutional, illegal, null and void and of no effect whatsoever.
“A declaration that the Revocation Notice published on page 29 of Vanguard Newspaper of Wednesday, May 10, 2017 purportedly revoking Claimants’ right of occupancy to their land at Oke-Oroma Village erroneously referred to as land at Obagie N’evbuosa, Ikpoba Okha Local Government Area of Edo State without due process of law is unconstitutional, invalid, null and void and of no effect whatsoever.
“An order setting aside the 1st Defendant’s purported revocation of the Claimants’ right of occupancy to the aforesaid parcel of land at Oke-Oroma, Village Ikpoba Okha Local Government Area and restoring ownership and possession of the land to the Claimants.
“An order of perpetual injunction restraining the Defendants, their servants, agents and privies from further encroaching on or doing anything whatsoever on the Claimants’ land that is inconsistent with the Claimants’ rights thereto and N1, 000, 000, 000.00 (One Billion Naira) general damages for Defendants’ trespass unto the Claimant’s land.”
Meanwhile, hearing in the suit has been fixed for the 6th of April, 2022.
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