Court Grants Perpetual Injunction against FG over Compulsory Acquisition of Land

George Okoh In Makurdi

A Federal High Court sitting in Makurdi, presided over by Justice Mobolaji Olajuwon has declared the federal government policy, plan or proclamation to establish RUGA settlement and cattle colonies in Benue State as unwarranted, unlawful and unconstitutional.

Delivering judgment in the suit filed by the state’s Attorney General and Commissioner for Justice, Mr Michael Gusa, against the Attorney General of the Federation (AGF), Federal Ministry of Agriculture and Rural Development and the Minister of Agriculture, Justice Olajuwon declared that any move by the federal government to compulsorily acquire land for RUGA settlement or cattle colony in Benue State without the approval of the Benue State government is null and void.

The judge granted an order nullifying every action or decisions taken to establish RUGA settlement or cattle colonies for herdsmen in the state.

Justice Olajuwon further issued an order of perpetual injunction restraining the AGF, the Federal Ministry of Agriculture, Minister of Agriculture, their agents, privies, servants or whosoever from making any attempt to hold, administer, use or allocate land in Benue State for RUGA settlement, cattle colonies or any other purpose contrary to the 1999 constitution, the Land Use Act and the Open Grazing Prohibition and Ranches Establishment Law, 2017.

The judge held that by section 1 of the Land Use Act of 1978, ownership of land in any state of the federation is vested on the governor of the state, and only the governor has the right to grant statutory right of occupancy to any person.