Eight Years After: Supreme Court Rules in Favour of Calabar Community in Land Dispute
By Ndifereke BASSEY
After nearly a decade of legal contention, the Supreme Court has delivered a landmark judgment in favour of the Ikot Ansa community (Nkonib) in Calabar Municipality, Cross River State, affirming their ownership of a disputed parcel of land.
In Appeal No. SC/CV/295/2021, the apex court unanimously dismissed the appeal filed by Ntoe Ededem Okon Ayito, bringing finality to a protracted land tussle that has passed through all levels of Nigeria’s judicial system.
The panel of Justice including Uwani Musa Abba Aji (Lead Justice), Mohammed Salawa, Stephen Adah, and Abubakar Sadik Umar upheld the earlier decision of the Court of Appeal, which found that the appellant, Ayito, failed to sufficiently prove his title to the land based on traditional history as originally pleaded.
The Supreme Court agreed with the appellate court that while Ayito later relied on acts of ownership and long possession, such claims could not substitute the requirement to establish title by traditional history. The court also nullified the judgment of the Cross River State High Court, delivered on February 21, 2019, which had earlier ruled in Ayito’s favour.
Ayito had approached the Supreme Court seeking to overturn the decision of the Court of Appeal, which reversed the high court’s judgment declaring him the rightful owner of the land in question. His appeal was, however, found lacking in merit.
_Origin of the case_
The case originated from Suit No. HC/242/2017, filed at the Calabar Judicial Division of the Cross River State High Court. The plaintiffs,HRM Ndidem Patrick Inok Oqua, Ntufam Felix Eyo Iso, and Ntufam Francis Okon Effiom, acting for themselves and on behalf of the Ikot Ansa Community, had challenged the ownership claims of HRH Ntoe Ededem Okon Ayito, who represented Etap Ayip Village, Kasuk 2 Qua Cla and other members of the Kasuk 2, Qua Clan in Calabar.
The High Court, presided over by Justice Imelda B. Etape, ruled in favour of Ayito, striking out the Ikot Ansa community’s counterclaim as an abuse of court process and awarding ₦100 million in damages against them for trespass.
_Appeal and Reversal_
Unwilling to accept the High Court’s ruling, the Ikot Ansa community filed Appeal No. CA/C/158/2019, listing eight grounds. They challenged the trial judge's decision to grant title to the respondent based on acts of ownership and long possession despite his failure to prove a root of title grounded in traditional history.
They further questioned the legal basis for awarding ₦100 million in damages for trespass and contested the judge’s conclusion that they were trespassers, given the conflicting historical claims presented during trial.
In a judgment delivered on December 4, 2020, the Court of Appeal ruled in favour of Ikot Ansa. The presiding judge, Justice M.O. Owoade, held that the lower court had erred in law and facts. The appellate court reversed the decision, setting aside the judgment delivered on February 21, 2019, and made no order as to costs.
_Supreme Court Verdict_
At the Supreme Court hearing, legal representation included Mba Ukweni, SAN,E. Amartey and Deborah Effiom (for the Appellants) and Orchardson Umoh for the respondent (Ayito). After reviewing the record and legal submissions, the Supreme Court concluded that the appeal lacked merit and failed to establish a valid claim of ownership.
The judgment reinforces long-standing judicial principles concerning the burden of proof in land ownership disputes, especially when traditional history forms the basis of a party’s claim.
With this ruling, the Ikot Ansa (Nkonib) community has been legally recognised as the rightful owners of the disputed land, bringing closure to a contentious legal battle that spanned over eight years and multiple tiers of Nigeria’s judiciary.
