Kelebe-Omu Land Dispute: Owners Obtain Warrant Of Land Possession Against Nigerian Army

Following the Osun State High Court verdict, ordering the Nigerian Army to yield the possession of the land situated between Kelebe and Omu stream in Osogbo, Olorunda Local Government Area, to the land owners, CityMirrorNews reports that the owners have obtained a warrant for possession of the land.

Recall that the State High Court, sitting in Ile-Ife and presided over by Hon Justice A.O. Ayoola, had ordered the Nigerian Army to pay N200 million to Kelebe-Omu land owners for the destruction done to their land.

The land owners (plaintiffs) in the suit No: HOS/40/2020, filed by Chief Amodu Akanbi, Sulaiman Folorunsho, Alhaji Ibraheem Olabode, Alfa Rasaki Tiamiyu, and Yekini Salawu, on behalf of the Kelebe- Omu Area land owners families, against the Attorney General of the Federation, Minister of Defence, Post-Service Housing Development Limited, The Nigeria Army and The Chief of Army Staff, said the acquisition of their land by the defendants is unconstitutional and illegal.

The plaintiffs argued that the acquisition of their land was ‘incomplete and inconclusive’ because no notice of intention to acquire the lands was served on the owners of the land.

According to the plaintiffs, no publication of the notice of intention to acquire the land compulsorily, was gazetted or published in any national newspaper and the purpose of the acquisition was a smokescreen to deprive the land-owners of the land and vest same on others.

They accused the Nigerian Army of selling the land, which was forcibly acquired from them, to other individuals for personal use, alleging that the Army collected money from individuals that the portion of the land were leased.

Justice A. O. Ayoola of Ile-Ife High Court, on January 12, 2023 held that the defendants are using the acquired land for private purposes and not for public purposes for which the land was requisitioned by the Nigerian Army.

Ayoola in his judgement said, “The plaintiffs are hereby awarded N200 million as damages for the destruction of the land by the defendants.

“The defendants are to yield the possession of the land situated and being between Kelebe area and Omu Stream in Osogbo/Olorunda Local Government Area of Osun,” the court held.

However, the family had approached the court to apply for a warrant for possession.

The warrant for possession was signed by the court registrar and issued to the plaintiffs to enforce the judgment order, for the possession of the land from the Nigerian Army.