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NIGERIAN ARMY
V.
AUSTIN & ORS

(2026) JELR 114757 (CA)

Court of Appeal 20 Jan 2026 Nigeria
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- The Claimants (1st-4th Respondents), acting for Elele Alimini and Obelle Communities, sued for compensation, interest, injunction, and land release relating to compulsory acquisition and alleged encroachment by the Nigerian Army, ultimate

Case Details

Suit Number:CA/PH/78M/2024(R)
Judges:Muhammad Ibrahim Sirajo, JCA Hannatu Azumi Laja-Balogun, JCA Ishaq Mohammed Sani, JCA
Counsel:Tubotein Macdonald For Appellant Prof. C.C. Wigwe, SAN, with him, Dr. Barile Uelor - for 1st - 4th Respondents I.K. Diri, with him, M.O. Ozege, both Assistant Chief State Counsel, Federal Ministry of Justice - for 5th Respondent
Location:Port Harcourt

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Lead Ruling): As Claimants, the 1st and 2nd Respondents, for themselves and on behalf of Elele Alimini Community Members in Emohua Local Government Area of Rivers State, together with the 3rd and 4th Respondents, for themselves and on behalf of the Obelle Community Members, Emohua Local Government Area of Rivers State, jointly took out a Writ of Summons at the High Court of Rivers State, Port Harcourt, against the 5th, 6th, 7th and 8th Respondents, as Defendants, wherein they claimed the following seven (7) reliefs: 

  1. A declaration that the Claimants are entitled to the sum of N13,786,303,150.00 being compensation due to them as part of the unpaid compulsorily acquired Claimants lands and the acres or land encroached upon. 

  2. A Declaration that the Claimants are entitled to 10% interest on delayed payment on the compensation payable at the current Central Bank (CBN) rate for the unpaid compensation on the said sum of Thirteen Billion Seven Hu…

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