A Gombe State High Court, presided over by Justice Muhammad Auwal Haruna, has nullified the purported revocation and subsequent reallocation of a parcel of land belonging to the family of late Alhaji Da’u Adamu along Bauchi Road, Gombe.
The court, sitting as High Court No. 5, held that the applicant, Kabiru Da’u Adamu, had the legal standing to institute and maintain the suit on his own behalf and on behalf of the family of the late Da’u Adamu.
In its judgment in suit No. GM/39/2026, the court declared that the purported notice of revocation relating to the land covered by Certificate of Occupancy No. BA/13123 violated the mandatory provisions of the Land Use Act, 1978, and was consequently unconstitutional, illegal, null and void.
The court further affirmed that the certificate of occupancy remained valid, subsisting and legally binding.
It also declared null and void any subsequent reallocation, transfer or title issued to Umsab Prudent Companies, Abubakar Ibrahim and Mujaf Automobile Nigeria Limited, the sixth to eighth respondents, respectively, over the disputed property.
To protect the family’s interest in the land, the court granted a perpetual injunction restraining the respondents, whether by themselves, their agents, privies, assigns or anyone acting through them, from further trespassing on, erecting structures on or otherwise interfering with the family’s possession and peaceful enjoyment of the property.
The court also made no order as to costs.
The suit was instituted by Kabiru Da’u Adamu through an originating motion on notice dated April 13, 2026, on his own behalf and on behalf of the entire family of the late Alhaji Da’u Adamu.
The application was brought pursuant to Order 2, Rules 1–5 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, and Sections 36(1), 42(1) and (2), 43, 44, 46 and 6(6) of the Constitution of the Federal Republic of Nigeria, as amended, alongside the inherent jurisdiction of the court.
The applicant sought declaratory reliefs and a perpetual injunction over the alleged unconstitutional compulsory acquisition, revocation and reallocation of the land situated along Bauchi Road, Gombe, to the sixth, seventh and eighth respondents.
During the proceedings, counsel to the respective parties adopted their written submissions and made further oral arguments before the court.
The applicant relied on his supporting affidavits, further affidavits and reply on points of law, while the first to fifth respondents relied on a joint counter-affidavit containing 33 paragraphs.
The applicant was represented by Barrister Usman Yahaya, while Musa Said, Director of Civil Litigation at the Gombe State Ministry of Justice, appeared for the first to fifth respondents.
Barrister J. B. Mange represented the sixth to eighth respondents.
The first to fifth respondents were the Executive Governor of Gombe State, the Attorney-General of Gombe State, the Gombe State Ministry of Lands, the Gombe State Geographic Information Systems (GOGIS) and the Surveyor-General of Gombe State.
The sixth to eighth respondents were Umsab Prudent Companies, Abubakar Ibrahim and Mujaf Automobile Nigeria Limited.