The Court of Appeal in Akure has upheld a High Court ruling that ceded portions of land occupied by the Federal College of Agriculture, Akure (FECA) to the Ogunmokun family. The appellate court, comprising Justices Oyebisi Folakemi Omolade, Fredrick Oziakpono Ono, and Yusuf Alhaji Bashir, dismissed the Federal Government’s appeal, labeling it as moribund and resolving all issues against the government, imposing a fine of ₦500,000.

Originally, Justice Adegboyega Adebusoye of the Akure High Court had declared that the Ogunmokun family is entitled to statutory Right of Occupancy over the disputed land located at Akure/Owo/Ilesha road. The court had ruled that the Federal Government’s acquisition in 1949 was limited to 685.9 acres as described in the official survey, and any expansion beyond this boundary was invalid.

The Federal Government, represented by several ministries and the Attorney General, argued that the land was acquired for public use and contested the lower court’s decision. They also claimed procedural issues, stating that those sued by the family were not juristic persons. However, the appellate court found that the inclusion of the Attorney General provided the necessary legal standing.

Justice Ono, delivering the unanimous decision, dismissed the Federal Government’s appeal and affirmed the lower court’s judgment, maintaining the land cession to the Ogunmokun family.

Leave a Reply