A High Court sitting in Jos, Plateau State, has ordered the Nigerian Army and the General Officer Commanding (GOC) 3 Armoured Division, Maxwell Khobe Cantonment, to immediately vacate and dismantle all illegal structures erected on a disputed parcel of land at Asindu village, Dutsen Kura, in Bassa Local Government Area of the state.

The property, 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.

Delivering judgment in suit No. PLD/J1330/2023, Hon. Justice S.D. Samchi 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 the sum of N3 million as general damages to the claimant for wrongful encroachment.

The claimant, Dr. Abaya, through his solicitors, Harry and Harry Partners, sought multiple declarations affirming his ownership and challenging what he described as the unlawful entry, surveying, and construction activities carried out by the Army on his land.

He asserted that the land originally belonged to the Ati Adeji family of Igbak-Kago village, the traditional owners, who sold it to him via a duly executed Sale Agreement dated 17 September 2017, adding that he subsequently obtained a valid C of O from the Plateau State Ministry of Lands.

A key witness for the claimant, who testified as PW1 and represented the Ija Azaki family—the customary owners—told the court that the land was completely vacant at the time of sale and that neither he nor any family members had ever received compensation from the Army for any compulsory acquisition.

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 acquisition documents, survey plans, and compensation records, did not convincingly link the 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 caused psychological distress and apprehension for the claimant. While the claimant had sought N50 million as general damages, the court awarded N3 million. (Nigerian Tribune)

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