The Nigerian Army and the 2 Division, Ibadan were awarded ₦100 million in damages by the Oyo State High Court in Ibadan for illegally acquiring and occupying a piece of the Ajigbotosho family’s land in Alagbede village.
According to reports, the ruling came after representatives of those who had legitimately bought land from the Ajigbotosho family filed a lawsuit to contest what they claimed was the military’s ongoing and unlawful encroachment.
Suit No. I/642/2018 was brought against the General Officer Commanding, 2 Division, Ibadan, and the Chief of Army Staff.
The Nigerian Army Garrison Commander at Odogbo, Ibadan, the Commandant of 42 Mechanized Engineers, Col. Yunusa Yusuf, and several unidentified trespassers are among the other defendants who joined the lawsuit.
The civilian claimants petitioned the court for an injunction prohibiting the defendants from continuing to trespass on the contested territory as well as declaratory relief.
In his ruling on Monday, Justice Oyeyemi Ajayi affirmed that the land in question does not lie within the borders of territory that the Nigerian Army has lawfully acquired, resolving all problems in favor of the claimants.
The judge determined that the Ajigbotosho family layout in Alagbede village was accurately surveyed and easily identified.
“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,” he stated.
According to Justice Ajayi, the joint survey submitted to the court verified that the land was owned by civilians.
The judge declared, “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.”
The Nigerian Army and its agents were prohibited from interfering with the land in the future by the court’s ruling.
Justice Ajayi ruled, “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.”
Due to the defendants’ acts, the court also granted them significant damages.
The judge declared, “This court hereby grants ₦100 million as general damages against the defendants.”
Abioye Oloyede-Asanke (SAN) represented the claimants. Alex Adio, Tunde Taiwo, and Tunde Akinlolu are among those who went before the court on behalf of everyone who bought land at the Alagbede Layout in Ibadan from the Ajigbotosho family.
The first through fourth defendants had submitted a notice of preliminary objection earlier in the proceedings, requesting that the court dismiss the lawsuit on the grounds that a comparable case was already ongoing before another court.
But Justice Ajayi dismissed the argument, ruling that the litigation before him was competent and that the subject subjects in the two cases were different.
