Court Orders Nigerian Army To Vacate Disputed Land In Plateau

A perpetual injunction restraining the Nigerian Army and the General Officer Commanding 3 Armoured Division, Maxwell Khobe Cantonment, has been issued by a High Court sitting in Jos for the military to immediately vacate and dismantle all illegal structures erected on a disputed parcel of land situated at Adisindu Village, Dutsen Kura in Bassa Local Government Area of Plateau State.

Justice S D Samchit in the judgment held that the Nigerian Army failed to provide credible evidence to support its claim that the land formed part of a vast area compulsorily acquired by the Federal Government in 1973 for military use. The court also awarded N3 million as general damages to the claimant for wrongful encroachment.

The Claimant, Dr. Abaya, in suit No. PLD/J330/2023, filed on 9 June 2023 through his firm of solicitors, Harry & Harry Partners sought multiple declarations affirming his ownership and challenging what he described as unlawful entry and surveying, as well as the digging and erection of structures by the Army on his land.

He asserted that the land originally belonged to the Ati Adeji family of lgbak-Kago Village, the traditional owners, who sold it to him via a duly executed Sale Agreement dated 17 September 2017, in which he subsequently obtained a valid Certificate of Occupancy from the Plateau State Ministry of Lands.

The property, measuring 1.449 hectares with relevant documents covered by Certificate of Occupancy (C of O) No, PL56329, belongs to Dr. Mawo Abaya, a missionary and founder of the International Centre of Evangelism.

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One of the key witness of the Claimant who testified as Prosecution Witness 1representing the lja Azaki family, who are the customary owners of the land, submitted that the land was completely vacant at the time of sale and that neither he nor other family members had ever received any compensation from the Army for compulsory acquisition.

Dr. Abaya told the court further that he first noticed the Army’s encroachment in 2022 after the defendant fenced the entire property. Stressing that despite notifying the Army of their wrongful act of trespass and his intention to seek legal redress, the construction continued.

Under cross examination, he explained that although he was aware of communal disputes between the lrigwe and Rukuba people, his investigations through village heads, district authorities, and the Plateau state Ministry of Lands confirmed that the disputed plot was not part of the conflict zone.

The Nigerian Army in its defence presented one witness through the Defence Witness 1, the Acting Director of Legal Services of the 3 Armoured Division Nigerian Army, who argued that the entire land, measuring 7.76 square miles was acquired in 1973 by the Federal Ministry of Defence in two phases from the Rukuba community

He claimed that compensation was paid in 1995 and that the claimant acted in error when purchasing the land in 2017. He further stated that the Plateau State Ministry of Lands had previously issued and later withdrawn a Right of Occupancy (R of O) granted to another entity for a police post-retirement housing scheme on the same land.

However, DW1 admitted during cross-examination that he enlisted into the Army in 2015 and was only posted to the Division in 2022, acknowledging that his knowledge of earlier events was not based on direct involvement.

He also conceded that the Army did not tender any documentation showing the alleged compensation to the traditional landowners, nor did he personally know the individuals said to have signed key documents on behalf of the Rukuba community

In his judgment, Justice Samchi held that the defendants failed to discharge the burden of proof required to establish that the disputed parcel formed part of the land allegedly acquired in the 1970s. He ruled that the exhibits tendered by the Army, including documents relating to acquisition, survey plans, and compensation did not convincingly link the particular land covered by Exhibit B (C of O PL56329) to any previous acquisition.

The court further held that the Army’s action of fencing off the land constituted trespass, noting that their conduct reasonably created psychological distress and apprehension for the claimant.

Though the claimant had solicited for the sum of N50 million in general damages, Justice Samchi reaffirmed that general damages need not be specifically pleaded but must flow from proven facts, stressing that wrongful encroachment by a military institution naturally produced such effects. It therefore awarded N3 million as general damages to the claimant.

The court granted reliefs sought by the claimant, including a declaration affirming the claimant as the legal and beneficial owner of the land; an order directing the Army to vacate the property and remove all illegal structures as well as perpetual injunction restraining further interference or development on the parcel of land.

The Army’s counterclaim was dismissed in its entirety as declared by the court.

Counsel to the military Isiah Randa stated that an appeal has been filed against the judgement, a claim which the claimant counsel contested as it has not received any notice of appeal since the judgment was delivered.