Background
This case concerns a dispute over approximately 30.315 hectares of land formerly part of the colonial‐era Ogba Forest Reserve, de-reserved by the Edo State Government in Gazette No. 51 Vol. 17 dated 6 December 2007 for the benefit of Evbuowe, Evbuoghodo and Idemudia communities. The Claimants, as representatives of those communities, seek a declaration of statutory right of occupancy, perpetual injunction against alleged trespass by the Defendants (Ulemon community representatives), and general damages for trespass.
The Claimants relied on an official Gazette (Exhibit E), a litigation survey plan (Exhibit C) prepared by Surveyor F. Iyawe (Exhibit B), and notices in the Observer newspaper (Exhibits D1–D2). The Defendants produced a counter‐survey plan (Exhibit G) and survey evidence (Exhibits F and G) claiming that the disputed land remains part of Ulemon community land within the Forest Reserve.
Issues
- Whether the disputed land was ever acquired by government from the customary owners or merely declared a Forest Reserve.
- Whether the Governor of Edo State had the power, under the Forestry Law and Constitution, to de-reserve the land and vest it in the Claimants via Gazette No. 51 Vol. 17 Edo State Notice No. 61 of December 2007.
Ratio Decidendi
- Official gazettes are public documents and prima facie proof of matters of public record. A Gazette published on a valid authority furnishes constructive notice to all.
- Under sections 12 and 21 of the Forestry Law Cap 59 (Bendel State), read with section 315(2) of the Constitution, the Governor may de-reserve forest land by order published in the State Gazette; previous rights shall not revive on de-reservation.
- Once published and unrevoked, de-reservation orders vest statutory rights of occupancy in the beneficiaries, extinguishing prior claims.
- Survey plans based on Gazette coordinates are entitled to greater weight than later counter‐plans lacking reference to official beacon coordinates.
Court Findings
The Court found as follows:
- The disputed land was declared a Forest Reserve by colonial authorities and was never acquired from customary owners; it remained government property until de-reservation.
- Gazette No. 51 Vol.17 Edo State Notice No. 61 of 6 December 2007 (Exhibit E) validly de-reserved 40.315 ha, of which 30.315 ha were allocated to the three Claimant communities. The Gazette duly published the de-reservation order pursuant to section 21 of the Forestry Law, and no evidence was adduced to show revocation or procedural irregularity.
- The Claimants’ survey plan (Exhibit C) correctly reflected official beacon coordinates from the Gazette and field demarcations, whereas the Defendants’ plan (Exhibit G) failed to superimpose official coordinates and was declared unreliable.
- The Defendants failed to plead or prove that the de-reservation order was issued improperly or without Executive Council approval. A prima facie presumption of regularity applied to the Gazette.
- The defence did not properly traverse key paragraphs of the Statement of Claim, resulting in deemed admissions regarding existence and effect of the Gazette.
Conclusion
The Court entered judgment for the Claimants, granting:
- A declaration that the Claimants are entitled to statutory right of occupancy over the 30.315 ha de-reserved land by virtue of Gazette No. 51 Vol. 17 Edo State Notice No. 61 of 6 December 2007.
- A perpetual injunction restraining the Defendants, their agents and privies from entering or remaining on the land in derogation of the Claimants’ vested rights.
- General damages of ₦10,000 for trespass.
- Costs of ₦50,000 in favour of the Claimants.
Significance
This judgment underscores the binding effect of official Gazette publications in land de-reservation matters and confirms that statutory rights of occupancy, once granted by Gazette under proper authority, supersede prior customary claims. The case highlights the importance of official survey coordinates in boundary disputes and clarifies judicial deference to primacy of de-reservation orders under forestry legislation and constitutional provisions.