- Court Awards ₦100m Damages Against Nigerian Army
- Judge restrains Army, awards ₦100m damages to claimants.
- Joint survey confirms land not within military acquisition.
The Oyo State High Court sitting in Ibadan has awarded ₦100 million in damages against the Nigerian Army and the 2 Division, Ibadan, over the unlawful acquisition and occupation of a portion of land belonging to the Ajigbotosho family at Alagbede village, Ibadan.
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EKO HOT BLOG reports that the judgment followed a suit instituted by representatives of individuals who lawfully purchased parcels of land from the Ajigbotosho family, challenging what they described as persistent and illegal encroachment by the military.
The case, marked Suit No I 642 2018, was filed against the Chief of Army Staff and the General Officer Commanding, 2 Division, Ibadan. Other defendants include the Garrison Commander, Nigerian Army Garrison, Odogbo, Ibadan, the Commandant, 42 Mechanised Engineers, Col. Yunusa Yusuf, as well as other unidentified trespassers.
The claimants sought declaratory reliefs and an injunction restraining the defendants from further trespassing on the disputed land.
Delivering judgment on Monday, Justice Oyeyemi Ajayi resolved all issues in favour of the claimants, affirming that the land does not fall within the boundaries of land legally acquired by the Nigerian Army.
Justice Ajayi held that the Ajigbotosho family layout at Alagbede village was clearly identifiable and properly surveyed.
“Ajigbotosho family layout at Alagbede Village, Ibadan, is contained in layout No. RAK MISC 637 as prepared by Surveyor R. A. Kadiri, as used in the dispute survey No. OY 297 2006 DS05,” the judge said.
He further ruled that the joint survey tendered before the court confirmed civilian ownership of the land.
“The survey, which was jointly prepared by Surveyor A. A. Adeyemi, dated April 13, 2006, was not within the Army acquired land at Odogbo Barracks, Ibadan,” he added.
In a decisive order, the court restrained the Nigerian Army and its agents from further interference.
“The defendants, their servants, agents, privies or anybody through them are hereby restrained from further trespassing on the claimants’ land at Ajigbotosho family layout, Alagbede, Ibadan,” Justice Ajayi declared.
The court also awarded damages.
“This court hereby grants ₦100 million as general damages against the defendants,” he said.
The claimants, represented by Abioye Oloyede Asanke SAN, include Alex Adio, Tunde Taiwo and Tunde Akinlolu.
Earlier, the court dismissed a preliminary objection filed by the defendants, holding that the suit was competent.
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