On January 2, 1971, when the ward head of Narayi, Danjuma Namaigero, gave Isa Usman (the Ciroman Narayi) 52 acres of land located at Ungwan Maigero in Chikun Local Government Area of Kaduna State, Usman never envisaged that years later, he would be fighting over the ownership of the land with a branch of Living Faith Church in the area.
The church claims it had purchased several plots of land from different persons totaling 24 hectares (52 acres) in the area between 1998 and 2001, and that among the plots was the one it purchased from Alhaji Umaru Mohammed on June 18, 2001 measuring 10.15 hectares (24.214 acres) which Alhaji Umaru Mohammed also bought from different persons.
The matter was taken to the Federal High Court Kaduna by the Registered Trustees of Living Faith Church asking the court to give an order of perpetual injunction restraining Alhaji Isa Usman and K. Alkali Auta who were defendants in the suit, their privies, agents, servants and whoever claims the church land through the defendants from further encroaching or trespassing on the land.
According to the judgment delivered on January 25, 2018 by Justice B. Mohammed and made available to our correspondent, “By law, to succeed in a claim for trespass, the plaintiff is to show or establish that it is in exclusive possession or has better right to possession on the land in dispute even if it is unable to prove title over same.
Recalling how he got the land, Alhaji Isa Usman said it was giving to him and the village head of Narayi, Malam Garba Yusuf by the then ward head of the area, Danjuma Namaigero, after they approached him to use the land for farming purposes.
“The ward head in the presence of three witnesses including Liman Namaigero, Malam Magaji and Dan Dada who signed the agreement wrote that he had given us the land completely. We both signed the agreement and I have the original copy.
“After the death of the village head who witnessed most of the transactions, the church, sometime in 2011, came in to establish a branch on the land. I was notified that they were erecting a fence on my land so I rushed down to the place to stop the action.”
Besides, he said, “Bayan Dutse is an entirely different location from Ungwan Na Maigero; they are different settlements. Each area has its own mai anguwa and sarki. Umar Mohammed, whom the church claimed to have purchased 10.15 hectares from, could not produce before the police those he bought the land from because part of the land he claimed to be his own is within the large farmland given to me and late Sarkin Narayi by Mai Ungwar Na Maigero on 2nd January 1971.
“Before his death, Sarkin Narayi sold part of his land and gave the rest out as gifts. Alhaji Umaru Mohammed who sold the land to the church was not authorized to sell the land to the church because even the District Head of Narayi, Garba Yusuf, did not endorse the Deed of Assignment brought by Alhaji Umaru so the church quickly prepared a survey plan in anticipation of the suit filed in the court on the issue.”
He explained that the church erected a fence and mounted a gate even though the court gave judgment in his favour.
He called on the management of the church to stay away from the land and allow him make use of his land. He urged the government and security agencies to wade into the matter in the interest of justice.
When our correspondent visited the head office of the Living Faith Church in Barnawa area, the secretary of the church declined to comment, saying “The matter is being handled by our solicitors.”
He also refused to give this correspondent the address, name or telephone number of the solicitors for comments on the allegation.
