Ikot Ansa community applauds S’ Court for ending prolonged land tussle
Ndifereke BASSEY
THE Ikot Ansa (Nkonib) community in Calabar Municipality Local Government Area of Cross River State has commended the Supreme Court of Nigeria for delivering what it described as a landmark judgment in a long-running land dispute.
The Apex Court, in a unanimous decision in Appeal No. SC/CV/295/2021, affirmed the community’s rightful ownership of the disputed parcel of land and dismissed the appeal filed by HRH Ntoe Ededem Okon Ayito of Kasuk II community, bringing an end to a legal tussle that spanned over eight years across Nigeria’s judicial hierarchy.
The lead judgment, delivered by Justice Uwani Musa Abba Aji and supported by Justices Mohammed Salawa, Stephen Adah, and Abubakar Sadik Umar, upheld the earlier ruling of the Court of Appeal, which had faulted the High Court's decision in favour of Ayito.
The justices held that Ayito failed to establish valid ownership through traditional history, which formed the crux of his initial claim.
While Ayito later attempted to rely on acts of long possession and ownership, the Supreme Court ruled that these could not supplant the legal requirement of proving a root of title based on traditional evidence.
The court also nullified the February 21, 2019 judgment by Justice Imelda B. Etape of the Cross River State High Court, which had awarded ownership to Ayito and slammed ₦100 million in damages for trespass against the Ikot Ansa community.
Reacting to the ruling, legal counsel to the Ikot Ansa community, Mba Ukweni, SAN, described the judgment as a victory not only for his clients but also for judicial consistency and equity in land matters.
“This decision reinforces the long-standing principle that acts of possession cannot override the requirement to prove root of title based on traditional history,” he said
The legal battle began with Suit No. HC/242/2017 at the Calabar Judicial Division of the High Court, where the plaintiffs — HRM Ndidem Patrick Inok Oqua, Ntufam Felix Eyo Iso, and Ntufam Francis Okon Effiom — representing Ikot Ansa community, challenged Ayito’s claim to ownership.
Justice Etape, in her 2019 ruling, had dismissed the Ikot Ansa community’s counterclaim, labeling it an abuse of court process, and awarded ₦100 million in damages to Ayito for trespass.
Unyielding, the Ikot Ansa community filed Appeal No. CA/C/158/2019, listing eight grounds of appeal. They contested the trial court’s reliance on acts of possession in the absence of a proven root of title and challenged the legal basis for the damages awarded.
On December 4, 2020, the Court of Appeal, presided over by Justice M.O. Owoade, overturned the High Court’s decision, siding with the Ikot Ansa community and nullifying the previous award.
Still dissatisfied, Ayito approached the Supreme Court, seeking to reinstate the High Court’s verdict. However, the Apex Court ruled that his appeal lacked merit and failed to meet the evidentiary threshold required in land disputes.
With the Supreme Court’s final decision, the Ikot Ansa (Nkonib) community has now been officially and conclusively affirmed as the rightful owners of the contested land.
The community, through their counsel, expressed relief and satisfaction, describing the judgment as long-awaited justice served.
