Osun: Again, Nigerian Army loses in Court against Kelebe-Omu landowners

The Osun State High Court sitting in Ile-Ife has dismissed the stay of execution request of the Nigerian Army against the January 10th, 2023 judgment in the disputed Kelebe-Omu land in Osogbo and Olohunda Local Government Areas of Osun State, OsunReporters News gathered.

Earlier, the defendant (Nigerian Army) had in November 2023 approached the State High Court, praying for stay of execution of the judgment and warrant for possession by the plaintiff, claiming that this will give opportunity to appeal the initial judgment.

However , the judgment delivered by Justice A.O. Ayoola on Thursday, dismissed the request of the defendant, noting that the prayer lack merit and cannot be granted after seven months of delivery.

While speaking with the OsunReporters News after the judgment, counsel to the plaintiffs, U.F. Muhammad, expressed satisfaction on the ruling, noting that the requirement for stay of execution in the application were not met by the applicant.

He added that a completed act cannot be stay as ordered by the Court.

It would be recalled that Kelebe-Omu Landowners in the suit Number HOS/40/2020, filed by Chief Amodu Akanbi, Sulaiman Folorunsho, Alhaji Ibraheem Olaboye, Alfa Rasaki Tiamiyu, and Yekini Salawu, through our lead counsel, U.F Mohammad, against the Attorney General of the Federation, Minister of Defence, Post-Service Housing Development Limited, The Nigeria Army and The Chief of Army Staff, prayed that the acquisition of our land by the defendants was unconstitutional and illegal.

However, the Osun State High Court sitting in Ile-Ife presided over by Justice A.O Ayoola on January 10th, 2023 delivered judgment, instructing the defendants to vacate the 3,646 acres of land belonging to Kelebe-Omu landowners, and ordered them to pay a sum of N200 million to the plaintiff for the destruction of their land.

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After the court had given its ruling, the landowners obtained a warrant for possession of the land on 25 of April 2023 after the defendants had failed to make use of the opportunity of appealing the judgment within the stipulated period in any court of competent jurisdiction.

The ruling, however, negates the earlier claim by the Nigerian Army through its spokesperson, Major General Onyema Nwachujwu, that the service had appealed the judgment ordering them to relinquish possession of 3,646 acres of land in Osogbo.

More detail soon…