Justice S.D. Samchi of the Plateau State High Court sitting in Jos 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 Adisindu Village, Dutsen Kura in Bassa Local Government Area of Plateau State.
Justice Samchi gave the order while giving a ruling in suit No. PLD/J330/2023, filed on 9 June 2023.
The property in question measures 1.449 hectares and is 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
Justice Samchi said the Nigerian Army did not 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 ₦3 million as general damages to the claimant for wrongful encroachment.
The Claimant, Dr. Abaya, had through his solicitors, Harry & Harry Partners sought multiple declarations affirming his ownership and challenging what he described as unlawful entry and surveying, as well as digging and erection of structures by the Army on his land.
According to Dr. Abaya, 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.
He said he subsequently obtained a valid C of O from the Plateau State Ministry of Lands.
A key witness of the Claimant who testified as PW1 representing the Ija Azaki family, who are the customary owners of the land, revealed that the land was completely vacant when it was sold, adding that neither he nor other family members had ever received any compensation from the Army for compulsory acquisition.
Dr. Abaya further informed the court that he first noticed the Army’s encroachment in 2022 after the defendants fenced the entire property, adding that despite notifying the Army of their wrongful act of trespass and his intention to seek legal redress, the construction continued.
Under cross-examination, Dr. Abaya said although he was aware of communal disputes between the Irigwe and Rukuba people, his investigations through village heads, district authorities, and the Plateau State Ministry of Lands proved that the disputed plot was not part of the conflict zone.
He said “the Nigerian Army presented one witness (DW1), 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 added 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.
Delivering judgment, Justice Samchi said the defendants failed to proof 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, adding that their conduct reasonably created psychological distress and apprehension for the claimant.
Though claimant had claimed for the sum of ₦50 million in general damages, Justice Samchi reaffirmed that general damages need not be specifically pleaded but must flow from proven facts.
The court agreed that wrongful encroachment by a military institution naturally produced such effects. It therefore awarded ₦3 million and also granted Reliefs 1–7 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 a perpetual injunction restraining further interference or development
The Army’s counterclaim was dismissed in its entirety.
“This shall be the judgment of the court,” Justice Samchi declared.
