Tuesday, 30 August 2016

Community sues firm, others over alleged take over of land ON AUGUST 31, 20163:45 AMIN NEWSCOMMENTS By Gabriel Enogholase BENIN—Obagie Nunuamen community in Orhionmwon Local Government Area of Edo State, has dragged Presco Plc before an Edo State High Court sitting in Benin, over the alleged take over of their land measuring 14,436,823 hectares by the company. *Court The community is represented in the suit by Mr. Femi Iwansedo, Itoje Emmanuel and Madam Rachel Enagbare. Other defendants in the suit are the Edo State Government, Edo State Commissioner for Lands and Survey, Attorney General of the State and the Registrar of Deeds, Edo State Ministry of Lands and Survey. The claimants are claiming the sum of N1billion jointly and severally against the defendants for trespassing on their land, battery, profound pains, psychological stress and depression which the defendants individually and collectively caused and continue to cause the community. They are praying the court to declare the action of the defendants an oppressive, arbitrary, unconstitutional, naked and outrageous exercise of power against them which is a flagrant violation of their constitutional rights as guaranteed under the 1999 Constitution. Counsel to the community, Dele Igbinedion, is further asking the court to declare that prior to and on the commencement of the Land Use Act of 1978, they held and continued to hold the aforesaid parcel of land as they were the holders of the Customary Rights of Occupancy over the entire land. They further want the court to declare that pursuant to the provisions of the Land Use Act of 1978, the 2nd, 3rd, 4th and 5th defendants lack the power to issue a Certificate of Occupancy No ESSR/17448 dated June 11, 2013 over the their land to any person particularly the 1st defendant and want the Certificate of Occupancy issued by the 2nd defendant declared null, void and of no effect over their existing Right of Occupancy. The claimants want the court to set aside or cancel and or revoke the said Certificate of Occupancy No EDSR/17448 and dated June 11, 2013 issued to the 1st defendant just as they want the court to direct the 5th defendant to re-register the aforesaid parcel of land in the name of Obagie Nunuamen community.

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