Justice Peter Akhihiero of the Benin High Court has nullified the revocation of the Certificate of Occupancy (C of O) of parcels of land at Amagba village in Oredo Local Government Area, belonging to Pastor Osagie Ize-Iyamu, by the Edo State government.

The nullification order was given by the trial judge while delivering judgment in a suit marked B/637/2021 by Ize-Iyamu and I. O. Farms Limited, challenging the revocation of the land at Ward 36/A, Amagba village area of Benin City.

The Court also awarded N5million as general damages to the claimant, having held that the Governor of Edo State, the Attorney General and Edo State Geographic Information Service; the 1st, 2nd and 3rd defendants respectively, committed act of trespass on Ize-Iyamu’s parcels of land since July 7, 2021.

The court made an order of perpetual injunction restraining the defendants, their servants, agents and/or privies from encroaching on or doing anything on the claimant’s land.

The Edo State Governor revoked the CofO of the land on July 7, 2021, and published it in a national newspaper of the same date. Dissatisfied with the mode of revocation of his title to the said land, the claimant filed suit B/637/2021 against the defendants, contending that the purported revocation did not comply with the provisions of section 28 of the Land Use Act.

In his judgment, the judge resolved the issues in favour of the claimant and held that the revocation contravened the Land Use Act and therefore, was invalid.

Culled From The Guardian