(By Dennis Kakaba and Zare Baba)
Adamawa State Government has been dragged to Court over Revocation of land title and certificate of ownership of a two-hectare of Land belonging to Abubakar Babazango (Abaza).
Babazango,a member of the House of Representatives representing Yola South/Yola North/Girei Federal Constituency is seeking the enforcement of his fundamental rights to ownership of the land located at Damilu,in Yola North Local Government Area of Adamawa State.
The title of the land and certificate of ownership was recently revoked by the state Government for overiding public interest which is the siting of a model school.
It would be recalled that Governor Ahmadu Fintiri had proposed Model Secondary Schools in each of the 21 Local Government Areas,hence,due to the strategic position and suitability, the disputed land was adopted as suitable for the construction of the model school for Yola North LGA.
However, Hon Abubakar Babazango, through his solicitors Barr.Desmond Adewale argued that the revocation was purely political.
Babazango therefore prayed the Court to nullify the revocation order and declare the order as illegal and self-serving.
Babazango based his argument on the premise of an episode during the 2023 campaign activities where the land was used in alternative to Ribadu Square which the APC claimed they were denied access to receive the All Progressives Congress (APC) presidential campaign rally in the state.
In his submission,Barr.Desmond said the magnanimity of Babazango who decided to give them his land for the campaign is the main reason Fintiri is witch hunting him through the unlawful seizure of the said land, which is strategically situated close to Yola International Airport.
Desmond argued that the former owner acquired the Land in 1976 and the current title owner (Abaza) legally owned it with constant payment of ground rent and therefore cannot at this moment be seized in the name of public interest.
Addressing Journalists shortly after hearing the matter, Barr.Desmond asked why the revocation is taking place now, bearing in mind that Fintiri has been in office since 2019.?
Desmond claimed his client (Babazango) was a victim of political witch hunt, because he allowed the land to be used by Bola Tinubu campaign and Hon Binani during last year’s electioneering campaign rally in the country.
“The Governor is also aggrieved that my client contested with the candidate of the PDP and the House of Representatives election and won in the Court of Appeal.” Barrister Desmond emphasized.
He also viewed the revocation in the angle of human rights, even as he said there are genuine fears of gross human rights violation by the government.
He accused Governor Fintiri of deploying illegal methods in the process, including backdating the letter of revocation and serving the revocation order to a dead man, someone who has no connection to the Land, among other things.
Barrister Desmond revealed his client’s determination to fight for his rights up to Supreme Court if need be.
In a counter motion however, counsel to the State government, Barrister Abayomi Akamode said the Governor has a right to revoke the land for overriding public interest.
Abayomi while quoting section 28 of the Land Use Act said the public interest is far above the interest of an individual.
He faulted the Plaintiff (Babazango) for not giving a pre-action notice of thirty days to the Governor as the Land Use Act provided.
“We are challenging the competence of the action itself asking that the Court should strike out this suit because they have not given out the necessary pre-action notice and when you have not done so the court has no jurisdiction to entertain the case.” Abayomi argued.
The motion was adjourned by the presiding Judge for ruling on the 26th February.
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