The court in a judgment delivered by Justice Theresa Ngolika Orji-Abadua in an appeal instituted by Stodie Ventures Limited against Alamieyeseigha and his wife, Margaret, ordered the respondents to vacate a piece of land measuring 5336.919 square meters situated at Ovom, Onopa, Yenagoa, Bayelsa State.
The late former governor and his wife are enmeshed in several cases of alleged land grabbing including a dispute involving a choice parcel of land situated at the Government Reserved Area (GRA) layout along Otiotio Road, Yenagoa.
Stodie is a company owned by Dr. Bolere Ketebu, former President of the National Council of Women Society (NCWS), immediate past Ambassador of Nigeria to Ireland and erstwhile member of the Federal House of Representatives.
The case was filed for the firm by Mr. Doueyi Fiderikumo, the Managing Solicitor, D.D. Fiderikumo & Co.
The company had dragged the late former governor and his wife to court in a 2011 suit filed in the state High Court challenging their occupation of the said land and praying the court to declare it (company) the rightful owner of the land.
The company also asked the court to restrain the late former governor and his wife, their servants and agents from committing further act of trespass on the parcel of land and demanded N100million damages for trespass.
But in 2012, the High Court dismissed the suit on grounds that the company failed to establish its case by credible evidence as required of it by law.
Dissatisfied with the lower court’s judgment, the company filed a notice of appeal on March 29, 2012 asking the court to set aside the judgment of the lower court and to uphold its prayers.
The appeal court panel comprising Justice Theresa Ngolika Orji-Abadua, Justice Stephen Jonah Adah and Justice Bitrus Gyarazama Sanga, declared that the trial court erred in its judgement.
A copy of the judgment dated September 30, 2015 which was read by Orji-Abadua said: “It is thoroughly reprehensible that the first defendant who was the governor of Bayelsa State as at the time the said compulsory acquisition was made seemingly for an overriding public interest, later allocated the said land to himself and his wife, who was then First Lady of Bayelsa State.
“No government or individual has any right to acquire land compulsorily and alienate or transfer it to another private individual or body for his or its private use.
“I would rather say in passing that the public purpose for which the government can compulsorily acquire lands are clearly defined in the Act and do not include acquisition for the purpose of making a grant to a third party”.
The Justice further observed that the respondents (late Alamieyeseigha and his wife) made no efforts to join the state government as a party and were unable to prove that the compulsory acquisition complied with all the relevant laws.
She said: “The identity of the land was an issue nor was the traditional history of the appellant’s vendor. The respondents did not contest the appellant’s root of title, rather they claimed that the said land was compulsorily acquired without proving the acquisition and the state government’s compliance with all the laid down principles on compulsory acquisition.
“The respondents admitted that the land in dispute was part of the land compulsorily acquired by the Bayelsa State Government. By their pleadings, it is clear that the parties knew the identity and location of the said land.
“The trial court was, therefore, wrong when it held that the claimant had failed to establish its case by credible evidence as required of it by be law and its case”.
The Justice further averred that the evidence by one Chief Stephen Abaribote, the Head of Gbeseleseimo Family in Fambue Ovom, confirmed that the family of Fambue compound Ovom had since time immemorial been the owner of the property which they sold to the appellant.
She said the piece of evidence was not dislodged during cross-examination adding that the respondents did not challenge the title of the original owners.
She said: “The respondents failed to discharge the onus that shifted from the plaintiff to them. Accordingly by virtue of Section 15 of the Court of Appeal Act, 2004, reliefs 1 and 2 sought by the appellants are hereby granted.
“Since there is evidence of encroachment on the land by the admission on the part of the respondents, the respondents shall pay sum of N500, 000 to the appellant as damages for trespass”.
But Fiderukumo said the family of the deceased former governor was yet to comply with the judgment adding that there were no records to show that Mrs. Alamieyeseigha took the matter to the Supreme Court.
He said his law firm had written to the police asking for their assistance in the execution of the judgment.
source: nigerianeye
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