– Awarded N5 million damages to land owners
By Moses Bamidele
An Ado Ekiti High Court has held that the acquisition of landed properties for proposed Airport project in the state by Ayo Fayose led government was unlawful.
It was frowned at the attendant destruction of economic trees, crops and buildings erected there describing it as unconstitutional, unlawful, illegal, null void and of no effect.
Justice Dele Omotoso in his judgment also ordered the payment N5 million as general damages to the Claimants for the loss they suffered for the damage of their crops and economic trees.
Claimants are Faluyi Ayeni and 8 Others who sued for themselves and on behalf of land owners and farmers of Iwajo, Aso Ayegunle Farm Settlement along Ado-Ijan Road.
The defendants are Fayose, Commissioner for Works, Commissioner for Lands and Housing, and Attorney General and Commissioner for Justice.
Justice Omotoso held that the purported revocation of the Right of Occupancy of the Claimants to their respective parcels of land was unconstitutional, unlawful, illegal, null and void and of no effect.
Another relief granted in favour of the Claimants was a declaration that the forcible entry into their farmsteads by the Defendants ,their agents, servants, privies and assigns on October 2, 2015 was unlawful, illegal, unconstitutional, inequitable, wreak of injustice and violation of their fundamental human rights.
The court further held that the forcible entry into the farmsteads of the Claimants on October 2, 2015 and subsequent occasions to clear and remove their crops and buildings without proper enumeration of the crops thereof while purportedly acting on Notice of Revocation dated September 18, 2015 was unlawful, illegal, unconstitutional and ineffective to divest the Claimants of their interest rights on their respective land.
The court equally granted an order of injunction restraining the Defendants, their agents, servants, privies, workmen, appointees, consultants from treating the Rights of Occupancy of the Claimants as having been revoked by virtue of the Notice of Revocation captioned Land Use Act Nigeria dated September 18, 2015.
The Defendants and their agents were also restrained from forcibly entering, trespassing, coercing, intimidating, harassing or in any other manner whatsoever from gaining access to the farms and landed property of the Claimants.
The court also granted an injunction sought by the Claimants restraining the Defendants from further removing, harvesting, clearing or otherwise damaging the economic crops, buildings and chattels on the land.