Ekiti State Governor Ayo Fayose’s dream of building an airport has suffered a setback as displaced land owners and plantation farmers have secured a major court victory.
The judicial hammer fell on the airport project, which has generated controversies even before the foundation stone is laid.

An Ado-Ekiti High Court yesterday ruled that the forcible takeover of the land for the project and the destruction of economic trees, crops and buildings were unconstitutional, unlawful, illegal, null, void and of no effect.

Justice Bamidele Omotoso ordered the payment of N5 million as general damages to the claimants for the loss they suffered for the damage of their crops and economic trees.

The embattled farmers and land owners had sought N650 million as general damages in their motion on notice.
The claimants are Faluyi Ayeni and eight others who sued for themselves and on behalf of land owners and farmers of Iwajo, Aso Ayegunle Farm Settlement on Ado-Ijan Road.

The defendants are Fayose (first), Commissioner for Works (second), Commissioner for Lands and Housing (third) and Attorney-General and Commissioner for Justice (fourth).

Justice Omotoso held that the purported revocation of the right of occupancy of the claimants to their land was unconstitutional, unlawful, illegal, null and void and of no effect.

Another relief granted in their favour was a declaration that the forcible entry into their farmsteads by the defendants, their agents, servants, privies and assigns on October 2, last year, was unlawful, illegal, unconstitutional, inequitable and violation of their rights.

The court further held that the forcible entry into theclaimants’ farmsteads on October 2, last year, and subsequent occasions to clear and remove their crops and buildings without proper enumeration while purportedly acting on Notice of Revocation dated September 18, last year, was unlawful, illegal, unconstitutional and ineffective.

The court equally granted an order of injunction restraining the defendants, their agents, servants, privies, workmen, appointees, consultants from treating the rights of occupancy of the claimants as having been revoked by virtue of the Notice of Revocation captioned Land Use Act Nigeria dated September 18, last year.

The defendants and their agents were also restrained from forcibly entering, trespassing, coercing, intimidating, harassing or in any other manner whatsoever from accessing the claimants’ farms and landed property.

The court also granted an injunction sought by the claimants restraining the defendants from further removing, harvesting, clearing or otherwise damaging the economic crops, buildings and chattels on the land.

Nigerianeye…….

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