The High Court of Justice in Benin has ruled in favor of Pastor Osagie Ize-Iyamu and his company, I.O. Farms.
This ruling is a significant legal win in a high-stakes land dispute with the Edo State Government and its Governor, Godwin Obaseki.
The ruling coincided with another important court decision in Abuja. The Federal High Court did not grant a request from the Obaseki-led government to remove Comrade Philip Shaibu from his position as Deputy Governor.
The case, identified as suit number 8/637/2021, focused on the governor’s controversial revocation of Ize-Iyamu’s right to occupy land in Amagba Village, Benin City.
After thorough examination, the court ruled that the revocation was unconstitutional and illegal.
“This is a victory for the rule of law,” Pastor Ize-Iyamu said in response to the court’s decision.
The ruling emphasized that the Edo State Government had violated key legal procedures. The court pointed out that the governor did not follow the due process required by Section 28 of the Land Use Act of Nigeria, 2004.
According to the court, the defendants ignored the proper steps needed for revoking land for public interest.
This ruling not only restored Ize-Iyamu’s land rights but also granted him and I.O. Farms a perpetual injunction.
This means that the Edo State Government and its agents cannot encroach on the disputed land.
The court also awarded damages to Pastor Ize-Iyamu and I.O. Farms.
They were granted ₦5 million in general damages and ₦200,000 for legal costs due to the trespass committed by the government.
This decision has significant implications for land ownership rights in Nigeria.
It reinforces the need for government authorities to adhere to legal processes when seeking to revoke land rights, even for public interest.
Residents of Edo State have reacted with mixed feelings. Many are shocked and outraged by the ruling.
This reaction is heightened by reports that Governor Obaseki has also revoked land rights belonging to the late Benin billionaire, Captain Hosa Okunbor.
