Court Dismisses Rep Baba Zango's Land Suit against Gov Fintiri

A Yola High Court in Adamawa State on Tuesday, dismissed a land suit instituted by the Member representing Yola North, Yola South and Girei at the House of Representatives, Hon. Abubakar Baba Zango against Governor Ahmadu Umaru Fintiri. News Platform 

Hon. Baba Zango and the Estate of Late Jika Paris dragged, Governor Ahmadu Umaru Fintiri, Ministry of Land and Survey, Attorney General and the Commissioner Ministry of Land and Survey challenging the revocation of a piece of land.

The piece of land in contention is situated opposite Yola International Airport along Numan Road in the state capital and it is popularly known as Muhammadu Buhari Square.

The plaintiffs in their suit dated the 15th December, 2023, informed the court that Hon. Baba Zango had on the 23th June, 2021, purchased a piece of land covered by statutory certificate of occupancy number GS/972, consisting of and area of 2.97 hectares, situated and lying opposite Yola International Airport, Numan Road, from the heirs of late Alh. Jika Paris through an unregistered deed of assignment.

The 1st Plaintiff further averred that he had also on the same date purchased another portion of land not covered by statutory right of occupancy, measuring 3.12 hectares from the heirs of late Alh. Jika through the sale agreement dated 23rd June, 2021.

They urged the court to declare that they are the beneficial owners and holder of title, interest and or right in or over the piece of land covered statutory certificate of occupancy number GS/972 and the piece of land measuring 3.12 hectares, both situate and lying in opposite the Yola International Airport along Numan Road.

They sought for an order of perpetual injunction restraining the defendants, their agents, privies, representatives or whosoever that is acting through them from interfering either by revoking or reallocating or reassigning the plaintiffs title, interest and/ or right in and over that piece of land covered by statutory certificate of occupancy.

Equally, they sought for an order restraining the defendants herein from continuing building or developing their piece of land or demolishing and/ or erecting new structures or improving on the land.

Upon being served with the plaintiffs' writ of summons and statement of claim, the defendants filed a counter affidavit wherein they sought for an order declaring that the purported sale or assignment of the title or interest covered by statutory certificate of occupancy by Alh Jika Paris to Hon. Baba Zango without the consent of the Governor of Adamawa state or any other person authorised by him being first had and obtained is illegal, null and void and of no effect whatsoever.

The defendants prayed the court to declare that the failure of the holder of the statutory certificate of occupancy to pay the requisite annual ground rent is a valid ground for the revocation of the right, title and interest covered by certificate of occupancy.

Delivering its judgement on the suit, the court presided by Justice Kanyson Samuel Lawanson, said that the court had perused all the documents tendered before it by the parties, and that the plaintiffs have not properly identified the land in question.

Justice Kanyson declared that there is no satisfactory evidence regarding the identity of the land, saying that from the totality of the evidence, the plaintiffs are not entitled to the reliffs sought and dismissed the suit for lacking in merits.

Reacting on the judgement, Counsel to the defendants, Abayomi Akamode, said that the court had found out that the revocation was in the public interest and without political interest.

Akamode said that the court also found out that the certificate of occupancy was issued in 1979 and expired in 2019, explaining that as at the time that Hon. Baba Zango claimed to have purchased the land from Alh. Jika Paris, the certificate had expired and there was nothing to pass to him. 

Also, in his reaction, Counsel to the Plaintiffs, Desmond Adebole, said that they are going to appeal against the judgement, describing the verdict as a bad one.

Adebole said that this was the 2nd batch of the case, saying that the high court delivered a ruling, and that the appellate court set aside the ruling, saying that government went to supreme court and the apex court dismissed their appeal.

He vowed not to allow the judgement to stand, saying that the facts of the case are very clear, saying he has been practising in Adamawa for the past 28 years and there is no office at the Ministry of Land and Survey to register sales agreement.