UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Lead Judgment): The provenance of this matter is the eight plots of land situate at Ngomari Airport, adjacent to Ngomari Primary School, Jere Local Government Area, Borno State. The land had been subject of litigation between the 1st and 2nd Respondents and one Alhaji Rabiu Zangina. The litigation had made its way through the hierarchy of Courts and was pending at the Supreme Court. As a result of the litigation, the land was fallow and was used as a dump site for refuse. The Appellant, who at all material times was the General Manager and Sole Administrator of the Borno State Environmental Protection Agency, initiated steps to abate the nuisance arising from the use of the land as a dump site which he considered a health hazard to the pupils of Ngomari Primary School.
Consequent upon the steps initiated by the Appellant, the 4th Respondent took over the land and paid compensation to the toreadors in the land litigation and the appeal t…