Community Drags Edo to ECOWAS Court over Alleged Forceful Land Takeover

Mary Nnah

Members of the Oke-Oroma community in Ikpoba Okha Local Government Area of Edo State have dragged the state government before the Community Court of Justice of the Economic Community of

West African States (ECOWAS) over the alleged forceful acquisition of their lands.

In a petition with the suit number ECW/CCJ/APP/10/23 filed before the ECOWAS court on February 28, 2023, the applicants led by Gaius Idusuyi Emokpae and seven others, accused the Edo State Government of forceful acquisition of their ancestral lands since 2022.

According to the regional court, failure of the defendant/respondent to respond to the suit within 30 days of being served notice will lead to judgment being delivered without their representation in the matter. The High Court in Benin-city, capital of Edo State, had on February 17, 2023, adjourned the case to April 5, 2023, for further deliberation on the matter. The Presiding Judge of the court, Justice V.O Eborimeh, had directed the claimant and all other parties in the case to amend their court processes in the suit to reflect the ruling.

The Judge further granted an order for the 14 parties seeking to be joined as fifth to 18th defendants to do the same.

Reacting to the development, a lawyer representing Oke-oroma community in the matter, Obamogie, expressed confidence in his client’s victory in court.

According to him, the state government breached its laws by forcefully taking over the land of the community.

He said: “Common law principle of equity presupposes that he who comes to equity must come with clean hands and a person who sleeps on his rights cannot be heard to complain because equity only aids the vigilant not the indolent.

“A sane society thrives where there is respect for rule of law; the equality of all manner of men before the law, and the judicious application of these rules without fear or favour or ill-will by the minders.

“This explains more about the deliberate failure of the Edo State Government to follow due process by way of obeying the interlocutory injunction ordered by Justice V. Eborimeh of the High Court in Benin-city as well as the Land Use Act, 1976.

“Instead, the state government engaged in disregard for laws, which gravely breaches national and state laws.”

When contacted over the issue, a serving cabinet member of the state Governor, Godwin Obaseki’s administration, who asked not to be named, disclosed that they were going to have a legal representative at the ECOWAS court to defend the state government in the matter.

“We will be represented in court. It is a serious case and we are treating it as such,” the official said.