GEORGE ADESOLA OGUNTADE, J.C.A.
PIUS OLAYIWOLA ADEREMI, J.C.A.
AMIRU SANUSI, J.C.A.
BETWEEN
1.IBAFON COMPANY LIMITED
2.KOLA WOLE ABAYOMI BALOGUN
AND
1.NIGERIAN PORTS PLC.
2.A-G., OF THE FEDERATION
3.MINISTER FOR TRANSPORT
4.MINISTER FOR WORKS & HOUSING
5.PROMISE EZE
6.PROMISE EZE NIGERIA LTD
7.GOLDMARK NIGERIA LTD
8.LANDGOLD HOLDINGS LTD
9.ELECTRA HOLDINGS LTD
…………………….A…………………….
ADEREMI, J.C.A. (Delivering the Leading Judgment): In the court below (High Court of Lagos sitting in Lagos) the appellants as plaintiffs claimed against the respondents as defendants the following reliefs:
(1)A declaration that alienation by the 1st defendant to the 5th, 6th, 7th, 8th and 9th defendants and/or other private business concerns for private business/commercial use of lands acquired by the Federal Government, from the plaintiffs, on the ground of “public purpose” and the use of these lands by the said defendants and/or other private concerns for their own profit making business/ commercial ventures is not a “public purpose” under the Public Lands Acquisition Act Cap 167 and consequently, such alienations are illegal, unlawful, null and void and of no legal effect whatsoever.
(2)A declaration that the two parcels of land measuring 2.835 and 1.333 hectares originally belonging to the 1st and 2nd plaintiffs respectively before the purported compulsory acquisition of the same in June, 1976 by the Federal Military Government of Nigeria have ceased to be under any valid legal acquisition and should automatically revert to the 1st and 2nd plaintiffs, the same having not being used for any public purposes.
(3)An order of inquiry/account into the total sum of rents collected so far from the alienation of the said parcels of land, by the 1st defendant since June, 1976 to the date of judgment and a direction that the said total sum be paid over to the 1st and 2nd plaintiffs in proportion to their respective lands.
(4)An order of perpetual injunction restraining all the defendants either by themselves, their servants, agents and/or privies from further trespassing upon, alienating, transacting business or doing anything whatsoever in respect, or on the said parcels of land forming the subject-matter of this suit.
