By Patrick Ahanor
Benin City
The Obagie Nunuamen, an agrarian community in Orhiomwon local government area of Edo state has dragged PRESCO Nigeria Plc before Abudu High Court over alleged encroachment of land, measuring 14, 436,823 hectares.
Also joined in the suit are: Edo state government, the Commissioner for Lands and Survey; the Attorney-General, the Registrar of Deeds, and the Ministry of Lands and Survey.
The claimant, in the writ of summons filed through their counsel, Dele Igbinedion, is also seeking the sum of N1 billion “as jointly and severally from the defendants for trespassing on their land, battery and on account of trauma, profound pains, psychological stress and depression” which they individually and collectively caused them.
Besides, the community is praying the court to declare that the action of the defendants for their oppressive, arbitrary, unconstitutional, naked and outrageous exercise of power against them was a flagrant violation of their constitutional rights as guaranteed under the 1999 Constitution.
They, therefore, sought the court’s declaration that pursuant to the provisions of the Land Use Act of 1978, the 2nd, 3rd, 4th and 5th defendants lacked the power to issue a Certificate of Occupancy, No ESSR/17448, dated 11th June 2013, over their land to any person, particularly the 1st defendant and wants the Certificate of Occupancy issued by the 2nd defendant declared null, void and of no effect over their existing Right of Occupancy.
