Chief T. Okeowo V. Attorney-general Of Ogun State (2010)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C

This is an appeal against the judgment of the Court of Appeal, Holden at Ibadan, in appeal NO. CA/1/117/97 delivered on the 7th day of June, 2001 dismissing the appeal of the appellant against the judgment of the High Court of Ogun State in suit NO. HCT/59/87 delivered on the 17th day of December, 1992 dismissing the case of the appellant, then plaintiff before that court.

Appellant had instituted the action against the respondent, then defendant, claiming the following reliefs:

“1. (i) A declaration that the purported compulsory acquisition of land by Ogun State Notice N0. 109 dated the 7th of May 1977 and published at pages 66 – 67 of Ogun State of Nigeria Gazette is null and void and of no effect.

(ii) A declaration that the aforementioned Notice does not affect the right of occupancy vested in the plaintiff in and over the two pieces or parcels of land situated lying and being at Idaose Farmland at Edu Village, Igbesa in Egbado Division and described in two Deed of Conveyance one of which is dated 10th May, 1976 and registered as N0. 6 at page 6 in Volume 7 of the Land Registry in the office at Abeokuta and the other is dated 22nd October, 1976 and registered as N0.50 at page 50 in Volume 27 of the said Lands Registry.

(ii) An injunction restraining all agents, servants or officers of the Ogun State Government whomsoever from making use of the said pieces of land without the consent of the plaintiff.

2. In the alternative, the plaintiff claims the sum of N25million naira (N25,000,000.00) against the Ogun State Government as compensation for the acquired land”.

From the record, Ogun State Government compulsorily acquired a large expanse of land of about eighty square kilometers at Agbara in the State which area included two pieces or parcels of land owned by the appellant situate at Idaose farmland in Edu Village Igbesa. The two pieces of land, together measured 27.63 hectares.

A notice of acquisition of the land dated 7th May, 1977 was published at pages 66 – 67 of Ogun State Gazette N0. 8 Volume 2 of 19th May, 1977. Appellant’s main complaint is that the notice of acquisition was not served on him personally or on his agents in actual occupation of the land.

It is however, the case of the respondent that when the entire land for acquisition was identified and the notice prepared, the said copies were served on the affected land owners; that where there were no occupiers, the notices were affixed on conspicuous portions of the land after which the notice was published in the Gazette; that the notices in respect of the appellant were duly pasted at conspicuous portions of the land in compliance with the provisions of Section 9 of the Public Lands Acquisition Law Cap. 105.

Volume 5, Laws of Western Region 1959, as personal service on the appellant was impossible.

The trial court found and held that the land was duly acquired by the government as a result of which appellant’s claims Nos 10) – 1 (in) were dismissed while the alternative claim for compensation was granted, and the sum of N34, 537.00 (thirty -four thousand, five hundred and thirty-seven naira) awarded as compensation payable with 10% (ten percent) compound interest thereon from 25th October, 1985 until the amount is finally liquidated.

Appellant was not satisfied with that judgment and consequently appealed to the lower court as stated earlier in this judgment which court dismissed the appeal and affirmed the judgment of the trial court. The present further appeal is against the decision of the lower court so rendered.

The issues formulated by learned counsel for the appellant, IFEANYI NWEZE ESQ in the appellant’s brief filed on 5th April, 2002 are as follows:

“(a) Whether the finding of the lower court that the acquisition notices were affixed to conspicuous portions of the appellant’s land is perverse having regard to the evidence before the court.