The Federal High Court in Abuja has restrained the Nasarawa State government and security agencies from further tampering with the rights of farmers or arresting them pending the determination of their case against the forcible seizure of their land without provision of an alternative source of income.
The farmers allege that the government has taken over 10,000 hectares of their ancestral lands for its agricultural plans without compensation.
Justice Peter Lifu issued the ruling in a fundamental rights motion ex parte marked FHC/CS/ABJ/1044/2024, filed by Sambo Vongjen Esq on behalf of his client.
Applicants’ Motion
The Nigerian Army, the Inspector General of Police, the Commissioner of Police for Nasarawa State, the Executive Governor of Nasarawa State, and the Commissioner of Agriculture for Nasarawa State were listed as respondents in the matter.
This development follows the Nasarawa State government’s announcement on that work had commenced in some areas in line with the federal government’s food security initiatives.
“Nasarawa State Governor, His Excellency, Engr. Abdullahi A. Sule inspects a section of the State government 10,000 hectares of farm for rice production in Jangwa in Awe Local Government Area of the State.
“The farm is in line with the Federal Government’s Food Security Initiatives which the State government had keyed into, “the government stated on Facebook on June 29, 2024.
In the motion ex parte, Felix Upav Saaior deposed in an affidavit that the government announced its desire to compulsorily acquire and take over his farmlands and those of the Tiv communities in Nasarawa State, totaling about 10,000 hectares in Obi/Awe Local Government Area.
He stated that members of his community issued a communiqué on May 24, 2024, after meeting with the governor, detailing how the agricultural initiative would adversely affect them.
He further argued that the government’s action is intended to displace him and other farmers without remedy, alleging that the land is the only source of livelihood for the Tiv community.
He told the court that on June 10, 2024, his community awoke to the wanton destruction of their cultivated farmlands and crops by government agents under the close supervision of security agencies.
He contended that the compulsory acquisition of the 10,000 hectares of land by the government without proper legislation and a memorandum designed for public acquisition and common good would lead to their extinction, loss of livelihood, and permanent displacement.
His lawyer urged the court to restrain the respondents from arresting his clients (who filed separate but similar applications) or tampering with their rights over the land in dispute.
In the motion on notice, the lawyer requested the court to declare that “the directive of the government to compulsorily acquire and take over the farmlands of the applicant and his community, measuring about 10,000 hectares, without compensation and without an alternative source of livelihood for either him or his community, is a violation of the applicant’s rights to freedom from discrimination, right to acquire and own immovable property anywhere in Nigeria, and is consequently illegal, inhumane, and unconstitutional.”
What Transpired in Court
At the hearing on Monday, August 26, 2024, the lawyer urged Justice Peter Lifu to grant his motion ex parte. The court eventually granted the motion ex parte, temporarily restraining the respondents from arresting the applicants, among other actions.
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