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🇳🇬 Nigeria /Crime & Justice

Court Voids FG’s Acquisition of 292 Hectares of Ancestral Land, Awards N300m Damages

From ThisDay · () English

Summarized and contextualized by DistantNews.

At a glance

News Named sources Outcome reported
  • A Lagos State High Court has nullified the Federal Government's acquisition of over 292 hectares of ancestral land belonging to the Onigbanko community.
  • The court found the acquisition violated due process, including failing to serve statutory notices and pay compensation.
  • The community was awarded N300 million in damages for trespass and unlawful occupation, plus N12 million in costs.

A Lagos State High Court has invalidated the Federal Government's seizure of more than 292 hectares of ancestral land from the Onigbanko community. Justice Abdulfattah Lawal ruled that the acquisition process breached due process and constitutional safeguards.

The court determined the government failed to meet legal requirements for compulsory land acquisition. These include serving statutory notices, compensating landowners, and ensuring the acquisition served a genuine public purpose. The Onigbanko community received N300 million in damages for trespass and unlawful occupation. They were also awarded N12 million for legal costs.

the exercise violated due process and constitutional safeguards.

— Justice Abdulfattah LawalThe judge stated the reason for nullifying the Federal Government's acquisition of the land.

The lawsuit, filed by Oba Sheriff Adesina Bello and other community representatives against Nasco Investment & Property Company Limited and the Attorney-General of the Federation, challenged the acquisition's validity. The claimants' counsel argued the defendants could not prove they followed mandatory procedures.

the acquisition failed to comply with the legal requirements governing compulsory acquisition of land, including the service of statutory notices, payment of compensation, and the requirement that such acquisition must be for a genuine public purpose.

— Justice Abdulfattah LawalThe judge detailed the legal shortcomings of the government's land acquisition process.

A critical point was the lack of evidence that statutory notices were served on landowners. Justice Lawal deemed this omission fatal to the acquisition's legality. The court also dismissed claims that the suit was time-barred or that the claimants lacked legal standing. Furthermore, no proof of compensation payment to the community was presented.

While the land was initially acquired for the Nigerian Navy, the court noted it was later transferred for private commercial development by Nasco Town Limited and Nasco Estate and Property Development Company. This shift from public to private use was a significant factor in the ruling.

the omission as fatal to the validity of the acquisition

— Justice Abdulfattah LawalThe judge highlighted the significance of not serving statutory notices on landowners.
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Originally published by ThisDay. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.

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