City of Benin—The Edo State government’s revocation of Pastor Osagie Ize-Iyamu’s Certificate of Occupancy (C of O) for parcels of land at Amagba village in Oredo Local Government Area has been overturned by a Benin High Court presided over by Justice Peter Akhihiero.

In the course of ruling in Suit No. B/637/2021, which Pastor Ize-Iyamu and I. O. Farms Limited filed to contest the cancellation of his right of occupation over the land parcels in Ward 36/A in the Amagba village area of Benin City, Justice Akhihiero issued the order.

The Edo State Governor, Edo State Attorney General, and Edo State Geographic Information Service—the first, second, and third defendants in the suit—were found to have committed acts of trespassing on the land since July 7, 2021. The court also granted the claimant N5 million in general damages.

On Wednesday, July 7, 2021, the Edo State governor cancelled the land, and the announcement was made public on page 47 of the Vanguard Newspaper on the same day.

Ize-Iyamu filed Suit No. B/637/2021 because he was unhappy with the revocation’s method. The first, second, and third defendants in the suit are the Edo State Governor, the Attorney General of Edo State, and the Edo State Geographic Information Service.

The claimant had argued that the alleged revocation was unlawful and should be set aside by the court because it violated section 28 of the Land Use Act, Cap. L5, Laws of the Federation of Nigeria, 2004. The claimant further claimed that the revocation was not in accordance with the provisions of the Land Use Act.

The Court concluded in its ruling that it is “Evident that the alleged revocation of the Claimant’s right of occupancy was in breach of the provisions of the Land Use Act” based on the evidence presented by the Defendants as well as the Claimants.

Additionally, the judge ruled that “it is apparent that the Defendants’ entry upon the Claimants’ parcels of land without their permission or agreement amounted to trespass” because she had previously ruled that the Claimant’s right of possession had been revoked unlawfully.