Trespass: US-based Nigerian Doctor Sues Army Officer, Demands N50m Damages

Wale Igbintade

A United States-based Nigerian medical doctor, Dr. Ijeoma Nduka-Nwosu, has dragged Major Joseph Adebiyi, before the Lagos State High Court for allegedly trespassing on her property located at Olugborogan Village, Lekki, Lagos State.

In the Suit No. LD/14323LMW/2023,  Nduka-Nwosu, averred  that she was the rightful owner of the parcel of land measuring 2912.150 square metres which she purchased from the Sule Olusesi Chieftaincy Family in 1992.

The medical doctor claimed that she had maintained uninterrupted possession of the property since the purchase and made substantial investments on the property including constructing a residential building that had reached a habitable stage until December 2021, when some thugs allegedly acting under Adebiyi’s direction invaded the property resulting in extensive damage valued at over N25 million.

She claimed that the attackers destroyed the perimeter walls and stole construction materials, all while threatening her workers and asserting that Adebiyi had taken over the land.

Nduka-Nwosu further claimed that the incident was reported to various law enforcement agencies including the Lagos Task Force on Land Grabbing but that the matter escalated after Adebiyi allegedly attempted to misrepresent ownership of the land through a questionable Deed of Assignment.

The plaintiff also claimed that Major Adebiyi at some point tried to twist the matter by petitioning the police over an alleged harassment on him but that the police after a thorough investigation dismissed the allegation.

The plaintiff is seeking multiple reliefs, including a declaration of her ownership of the land, an injunction to prevent further trespass by Major Adebiyi and his agents, and N50 million in damages for the alleged destruction, emotional distress, repair costs, and general trauma caused by the attacks.

In a statement issued on her behalf yesterday by the Head of Chambers, Ubani & Co, Legal Practitioners, Mr. Joseph Igwe, Nduka-Nwosu claimed that despite the ongoing legal proceedings and evidence against him, Adebiyi has continued to harass her and disrupt her lawful possession of the property.

Igwe in the statement noted that Adebiyi has not filed any defence to the suit against him but has rather continued   to lay claim to the property and is presently attempting to resurvey the property.

Part of the statement read: “This suit has since 2023 been served on Major Adebiyi, with an application for interlocutory injunction, but till date, he has been unable to file any defence to the suit, and rather than filing a defence, he continued trespassing on the land as if no legal action has been instituted against him.

“When the two persons he allegedly sold the land to, discovered that his claim to ownership was fraudulent; they reported the matter to EFCC. The agency promptly arrested him and commenced an investigation which confirmed that he is not the owner of the plots of land. 

“He has presently re-surveyed the land and is attempting to sell to other gullible prospective buyers.

“We are using this means to warn all prospective buyers to beware as they will be defrauded and lose their money as Major Adebiyi does not have an entitlement to the land.”