The Oyo State High Court in Ibadan has ordered the Nigerian Army to pay ₦100 million in damages for trespassing on a family’s land in Alagbede village.
Justice Oyeyemi Ajayi delivered the judgment on Monday after hearing a suit brought by representatives of civilians who bought parcels of land from the Ajigbotosho family.
The plaintiffs named the Chief of Army Staff and the General Officer Commanding, 2 Division, Ibadan, as defendants.
Other defendants included the Garrison Commander of the Nigeria Army Garrison, Odogbo, Ibadan; the Commandant of 42 Mechanised Engineers, Col. Yunusa Yusuf; and other unknown trespassers.
Before judgment, the claimants also sought a court order to stop the army from further encroachment on the disputed land.
The suit focused on land included in the Ajigbotosho family layout at Alagbede village, which the plaintiffs said was wrongly encroached upon by military personnel.
Court rules in favour of landowners
Justice Ajayi resolved all the issues in favour of the claimants, who are civilians and representatives of all individuals who purchased land from the Ajigbotosho family.
“Ajigbotosho family layout at Alagbede village, Ibadan, is contained in layout No RAK/MISC/637 as prepared by Surveyor R. A. Kadiri, as used in the dispute survey No. OY/297/2006/DS05,” the judge said during the ruling.
He added that the land described in the survey was not part of the area acquired by the army at Odogbo Barracks, Ibadan.
“The survey, which was jointly prepared by Surveyor A. A. Adeyemi, dated April 13, 2006, was not within the Army acquired land at Odogbo Barracks, Ibadan,” the court held.
Justice Ajayi granted the Plaintiffs’ request to restrain the defendants and anyone acting for them from further trespass on the family’s land.
“The defendants, their servants, agents, privies or anybody through them are hereby restrained from further trespassing on the claimants land at Ajigbotosho family layout, Alagbede, Ibadan,” the judge said.
He also awarded ₦100 million as general damages against the defendants.
The defendants had earlier filed a preliminary objection, arguing the case was already pending in another court, but Justice Ajayi dismissed this.
The judge held that the subject matter in the earlier case was not the same and that this court had jurisdiction to hear the land dispute.
Families represented and legal counsel
The claimants who brought the suit were represented by Senior Advocate of Nigeria, Mr. Abioye Oloyede-Asanke (SAN), along with their clients.
They included Pastor Alex Adio, Pastor Tunde Taiwo, and Mr. Tunde Akinlolu, who appeared on behalf of all individuals who purchased land in the Ajigbotosho family layout in Ibadan.
Pastor Adio, Taiwo and Akinlolu argued that the land belonged to private citizens and had been surveyed and documented long before any military acquisition in the area.
Their counsel emphasised that military interference in privately owned land undermines property rights and the rule of law.
The High Court’s decision sets a legal precedent in the region by sharply affirming that government and military authorities do not have carte blanche to encroach on civilian land.
The ruling also underscores the judiciary’s role in protecting property rights, even against powerful state institutions.
The plaintiffs have said they will enforce the judgment and ensure the order is respected.
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