An Edo State High Court located on Sapele Road in Benin, under the leadership of Justice Peter Akhihiero, has nullified the decision by Governor Godwin Obaseki’s administration to revoke the Certificate of Occupancy (CofO) of farmland in Amagba, Benin Kingdom. This land, located in Oredo Local Government Area within the Edo South Senatorial District, belongs to Pastor Osagie Ize-Iyamu, a prominent figure in the All Progressives Congress (APC).

The judgment came after Ize-Iyamu, along with I.O. Farms Limited, filed a suit challenging the revocation. The case, referenced as B/637/2021, sought to reverse the government’s decision to take away their right of occupancy over the land in Ward 36/A, Amagba, Benin.

Justice Akhihiero, in delivering the judgment, ruled in favor of Ize-Iyamu, awarding him N5 million in general damages. Ize-Iyamu, a senior pastor in the Redeemed Christian Church of God (RCCG), had previously run as the governorship candidate of the Peoples Democratic Party (PDP) in 2016 and represented the APC in the 2020 election. The court held that the Edo governor, the Attorney-General, and the Edo State Geographic Information Service (EdoGIS), the first, second, and third defendants respectively, had unlawfully trespassed on Ize-Iyamu’s land since July 7, 2021.

The court also issued a perpetual injunction, barring the government and its representatives from further interference with Ize-Iyamu’s property rights.

The dispute began when Governor Obaseki revoked Ize-Iyamu’s CofO for the land in Ward 36/A, Amagba on July 7, 2021, a decision which was made public in a national newspaper. Ize-Iyamu, dissatisfied with the process and legality of the revocation, initiated legal action. He argued that the revocation was not in line with the Land Use Act, particularly Section 28 and that it violated constitutional provisions, making the revocation null and void.

After hearing arguments from both sides, with E.E. Akhimie representing the defendants and K.O. Obamogie, SAN, representing the claimants, Justice Akhihiero framed two key issues for determination: whether the revocation was lawful and whether the defendants were guilty of trespassing.

In his ruling, the judge sided with Ize-Iyamu, concluding that the revocation violated the Land Use Act. He further noted that the government’s entry onto the land without permission constituted trespass, as the revocation had no legal standing.

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