Alhaji (Chief) S. D Akere & Ors. V. The Governor Of Oyo State & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

In the Originating Summons issued at the High Court Registry, Ibadan, on 25th day of November, 1992, the appellants, as plaintiffs, posed the following question:

“Whether the plaintiffs are entitled to be paid compensation including interest for delayed payment for their land compulsorily acquired in 1963 along Araromi-Akufo road, Ibadan. If the answer to the above question is in the affirmative then the Plaintiffs claim:

(i) Declaration that under and by virtue of the provisions of section 31, of the Constitution of the Federation 1963, No. 20 the plaintiffs are entitled to be paid compensation for their land situate along Araromi-Akufo road, Ibadan compulsorily acquired by the defendants in or about 7th February, 1963.

(ii) Declaration that by virtue of the provisions of the Public Lands Acquisition (Miscellaneous Provisions) Act 1976, No. 33 the plaintiffs are entitled to be paid interest at bank rate on the said compensation.

(iii) AN ORDER directing the defendants to pay the plaintiffs the sum of N21,222,348.25 representing principal and interest due to the plaintiffs as compensation.

(iv) INIEREST at the rate of 21% per annum on the sum of N21,222,348.25 from 1st January 1992 until the whole amount is paid.

(v) Such further orders’”

In support of the originating summons is a 19 paragraph affidavit deposed to by the 2nd appellant, Alhaji Karimu Olapade Akere.

The defendants (Respondents) filed a Notice of Preliminary Objection to the hearing of the suit. The notice was dated 31/3/93 and was predicated on the ground that:

“(1) The application (suit) is statute barred by virtue of the provisions of section 10 of the Public Lands Acquisition Law Cap 105 Laws of the Western Region of Nigeria 1959 (now Chp. 105, Laws of Oyo State of Nigeria 1978) and the Limitation Law Cap 64, Laws of Oyo State of Nigeria, 1978.” On 14/6/93 a counter-affidavit of 11 paragraphs was filed on behalf of a group called “Akufo Land owners Association” stating, inter alia, that the association did not authorise Mr. Akinyemi to sue on their behalf. Mr. Akinyemi is, perhaps, the 14th plaintiff (appellant) Chief A. A. Akinyemi.

In a ruling on the preliminary objection delivered on the 8th day of March 1994,the learned trial Judge Adesina J., concluded thus:

“On the whole the preliminary objection is refused and is accordingly dismissed.” (See page 42 of the record).

Nothing was said of the counter-affidavit of the Akufo Landowners Association. The case proceeded to trial before Adekola J., on 31st May 1995. At the close of the defence’s case on 2/8/95 the Court adjourned to 19/9/95 for Counsel’s addresses. On 10/1/96, the Court reserved judgment till 20/3/96.