UMUOMAKE CLAN OF OKPANAM DRAGS DELTA STATE GOVERNMENT TO COURT OVER ALLEGED UNLAWFUL ATTEMPT TO ACQUIRE ANCESTRAL LAND
By Chukwudi Ebele
The principal members, family heads, and concerned stakeholders of Umuomake clan of Obodogwugwu Quarters, Okpanam, in Oshimili North Local Government Area of Delta State, have slammed a N150 million suit against Delta state government for unlawful revocation of their ancestral land.
Joined in the suit as second and
third defendants are the state Attorney-General and Commissioner for Lands, Survey and Urban Development respectively.
In the suit No. AKU/93/2025, filed on their behalf at the state High Court Registry, by their legal counsel, Sir Ifeanyi Ejiofor Esq. of I. C. Ejiofor Law Firm, the plaintiffs are claiming among others, a sum of N100 million from the defendants jointly and severally as general, aggravated and exemplary damages, as well as another N50 million as costs of litigations, including solicitor's fees, security and incidental expenses for trespass, unlawful interference, economic loss, psychological trauma, intimidation and desecration of their communal heritage.
The plaintiffs are also demanding a post-judgement interest at the rate of 10 percent per annum on the judgement sum from the date of judgement until full litigation.
The plaintiffs are also seeking a declaration of the court that they are the rightful, lawful and beneficial owners of the parcel of land situated at Akwuogede/Abodei in Obodogwugwu Quarters, Okpanam, Oshimili North LGA of Delta State, having been in undisturbed possession from time immemorial.
They are further seeking a declaration that the purported revocation of their proprietary rights as published in The Pointer Newspaper of May 10, 2025 is unconstitutional, unlawful, irregular, oppressive, ultra vires, null and void for non-compliance with the Constitution, the Land Use Act, and binding judicial precedents.
An Order nullifying and setting aside the purported revocation of their rights of ownership in respect of the said land for being unconstitutional, unlawful, and of no legal effect whatsoever.
A declaration that any activities carried out or being carried out by the Delta State Government, its officials, agents, or privies—including but not limited to surveying, demarcating, or mapping out portions of the land—amount to trespass, intimidation, and unlawful interference with their proprietary rights.
An order of perpetual injunction restraining the Delta State Government, its agents, privies, proxies, representatives or assigns from acting on the purported revocation or in any way interfering with the claimants’ proprietary rights over the land.
They contended that the are challenging the State Government’s attempt to unlawfully and compulsorily acquire their ancestral land situated at Akwuogede/Abodei in Obodogwugwu Quarters, Okpanam (hereinafter referred to as 'the ancestral land'), which has from time immemorial remained the communal heritage of the Umuomake family.
According to them, "this case is poised to provoke a significant debate on what has become a disturbing trend of unchecked abuse of state powers in the purported exercise of compulsory land acquisition under the Land Use Act. Such acquisitions are often cloaked under the guise of 'overriding public interest' but carried out in flagrant disregard of the clear statutory safeguards and constitutional guarantees enshrined to protect indigenous land owners".
"Our forebears have, from time immemorial, exercised uninterrupted, open, exclusive and peaceful possession of the said land as absolute beneficial owners; utilizing it for agriculture, erecting homesteads, building family shrines, and using it for communal, social and cultural purposes".
"The land, they contended, constitutes not only our means of economic subsistence but also the nucleus of our communal identity, cultural heritage and generational continuity. At no time in history has our ownership ever been lawfully challenged until the recent encroachment instigated by the State Government", said the plaintiffs.
"Our apprehension heightened in July 2025 when we became aware of a publication in The Pointer Newspaper (an official government mouthpiece) dated Saturday, July 10 and May 2025. In the said publication, the Delta State Government purportedly revoked vast expanses of land, including the Umuomake ancestral land, on the alleged ground of 'overriding public interest".
"This action, they argue, came as a rude shock, given that no individual, family, or authority has ever successfully contested their proprietary rights over the said land. By publishing the purported revocation in a state-owned newspaper, the Government allegedly sought to confer a semblance of legitimacy on an otherwise unconstitutional and unlawful act, in violation of Section 28 of the Land Use Act".
"Upon discovery of the publication, the Umuomake family immediately took proactive steps to verify the authenticity, scope, and legal basis of the purported revocation, given its grave implications on our proprietary rights and communal survival. However, the Delta State Government has neither addressed their concerns nor complied with their demands, hence our resort to the present court action in defense of our constitutionally guaranteed right to property"
However, no date has been fixed for hearing of the matter, just as the defendants are yet to file their response.
