Nigerian Family Wins N250 million Against Government and Mining Firm Over Seized Land
A recent ruling by the Federal High Court in Osogbo has resulted in a victory for the Ejisanmi family, as the Minister of Mines and Steel Development and Segilola Resources Operating Limited have been ordered to pay them N250 million for the seizure of their land in the Atakunmosa East Local Government Area of Osun State.
The dispute originated from the discovery of gold on the Ejisanmi family’s land, which led to the government taking control of the property and issuing a mining lease to Segilola Resources Operating Limited without compensating the family. Legal representatives Mrs. Titilayo Ajayi and Mr. Femi Adeoye took the family’s case to court.
Assisted by human rights lawyer Mr. Femi Falana (SAN), the family argued that the government’s actions were in violation of Section 100 of the Nigerian Minerals and Mining Act 2007. Additionally, they sought compensation under Section 44(4) of the 1999 Constitution for the ministry and the mining company’s failure to allow the family to determine the compensation payable for the takeover of their land.
Segilola Resources Operating Limited contended that they were lawfully issued a mining lease and that awarding N1 billion against them would violate the Nigerian Minerals and Mining Act. However, Justice N. Ayo-Emmanuel ruled in favour of the Ejisanmi family, stating that the company had not followed due process and had not obtained consent or provided compensation to the landowners as required by law.
Consequently, the court awarded the Ejisanmi family N200 million as compensation for the compulsory acquisition of their property and an additional N50 million in exemplary damages against the ministry and the mining firm.
This ruling is a major triumph for the Ejisanmi family and establishes a precedent for the protection of land rights and fair compensation in Nigeria. It also emphasizes the importance of adhering to legal processes and regulations in the mining industry to ensure that the rights of landowners are respected and upheld.
The case underscores the necessity for responsible and ethical conduct in the extraction of mineral resources, especially when local communities are directly affected. This judgment sends a clear message that companies and government bodies must engage in fair and transparent practices when dealing with land acquisition and mineral exploration.
In conclusion, the ruling in favour of the Ejisanmi family represents a significant step towards safeguarding the rights of individuals and communities in Nigeria, particularly in the context of natural resource extraction. It demonstrates the importance of upholding legal provisions and ensuring that due process is followed in all land-related matters, setting a standard for ethical and lawful conduct in the mining industry.