The owners of Kelebe-Omu Land in Olorunda/Osogbo Local Government Area of Osun have called on President Muhammadu Buhari, Osun State Governor, Ademola Adeleke and Chief of Army staff, Major General Farouk Yahaya, to, as a matter of urgency, intervene in the alleged invasion of their land by some men of the Nigeria Army.
Recall that the Kelebe-Omu Land owners and Nigeria Army had engaged in legal battle which lasted for about 11 years before the final court judgement which ruled in their favour.
Following the Osun State High Court verdict, ordering the Nigerian Army to yield the possession of the land, the owners had obtained a warrant for possession of the land which gave them the power to have access to the land.
It would also be recalled 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.
However, Yesterday, April 25, Chief Amodu Akanbi Sulaiman Folorunsi led members of the families, alongside the Chief Bailiff, Osun state High Court and Policemen from the State Command, led by SP Femi Ajayi, to the land and the land was given back to them as the rightful owner base on the court ruling just as inventory was taken by the bailiffs.
According to the inventory document signed by the Chief Bailiff, and the police, and obtained by our Correspondent, “The Possession of parcel of large land measuring approximately 3,646 acres of land being and lying at Kelebe, Omu of Osogbo, Olorunda L.G are of Osun State delivered by and sign by Justice A.O Ayoola was taken and given back to the plaintiff today 24/4/23”
However, the Chief Folorunso while speaking on behalf of land owning family said despite the fact that the Nigeria Army had not deemed it necessary to pay a sum of N200 million awarded against them, and failed to appeal the high court judgement before the day lapsed they invaded their land with series of threat.
“We were on our land when the men of Nigeria army suddenly surfaced and started threatening us. They said it is only Chief of Army staff that can direct them to leave the land. Despite court judgement, they didn’t appeal the judgement, they are not even deeming it necessary to pay the 200 million awarded against them.
“We want President Muhammadu Buhari, Governor Ademola Adeleke and Chief of the Army staff, Major General Farouk Yahaya to wade in and caution his men.
“However, we want to commend the judiciary for allowing justice to prevail after long legal battle. We also appreciate Ataoja of Osogboland, our Kabiesi Oba Jimoh Olanipekun for his support.”
