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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 legally bought land from the Ajigbotosho family filed a lawsuit to contest what they claimed was the military’s ongoing and unlawful encroachment.
The Chief of Army Staff and the General Officer Commanding, 2 Division, Ibadan, were the targets of the lawsuit, designated Suit No. I/642/2018.
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 named in the lawsuit.
The civilian claimants petitioned the court for an injunction prohibiting the defendants from trespassing on the contested area going forward 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 and addressed all concerns in favor of the claimants.
The judge determined that the Ajigbotosho family layout at Alagbede village was accurately surveyed and easily identified.
“Layout No. RAK/MISC/637, prepared by Surveyor R. A. Kadiri, is contained in the Ajigbotosho family layout at Alagbede Village, Ibadan, as used in the dispute survey No. OY/297/2006/DS05,” he stated.
The joint survey submitted to the court, according to Justice Ajayi, verified that the land was owned by civilians.
“The jointly prepared survey, dated April 13, 2006, by Surveyor A. A. Adeyemi, was not within the Army-acquired land at Odogbo Barracks, Ibadan,” the judge declared.
The Nigerian Army and its operatives were prohibited from interfering with the land in the future by the court’s ruling.
“The claimants’ land at Ajigbotosho family layout, Alagbede, Ibadan is hereby restrained from further trespassing by the defendants, their servants, agents, privies, or anybody through them,” Justice Ajayi ruled.
As a result of the defendants’ behavior, the court also granted them significant damages.
The judge declared, “This court grants ₦100 million as general damages against the defendants.”
Abioye Oloyede-Asanke (SAN) was the claimants’ attorney. Alex Adio, Tunde Taiwo, and Tunde Akinlolu are among those who went to 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 rejected the objection, ruling that the litigation in front of him was competent and that the subject subjects in the two cases were different.
