Okpanam Clan Drags Delta Govt to Court over Encroachment on Ancestral Land, Seeks N100bn Damages

By Olisemeka Obeche

Umuomake family of Obodogwugwu Quarters, Okpanam, in Oshimili North Local Government Area of Delta State, have filed a legal action before the High Court of Delta State challenging the state government’s attempt to unlawfully acquire their ancestral land at Akwuogede/Abodei in Obodogwugwu Quarters in Okpanam.
In the suit filed on the 9th of September 2025 through their Solicitors, Chief Sir Ifeanyi Ejiofor, Esq., of I.C. Ejiofor & Co., marked Suit No: AKU/93/2025, a copy of which was obtained by AnambraDaily, the Delta State Government is listed as the 1st Defendant, while the Attorney General of Delta State and the Commissioner for Lands, Surveys and Urban Development are joined as the 2nd and 3rd Defendants respectively.
The case, which is still awaiting date for hearing, is poised to provoke a significant debate on what has become a disturbing trend of unchecked abuse of state powers in the purported exercise of compulsory land acquisition under the Land Use Act.
Such acquisitions are often cloaked under the guise of “overriding public interest” but carried out in flagrant disregard of the clear statutory safeguards and constitutional guarantees enshrined to protect indigenous landowners.
According to the claimants, their forebears have, from time immemorial, exercised uninterrupted, open, exclusive, and peaceful possession of the said land as absolute beneficial owners; utilizing it for agriculture, erecting homesteads, building family shrines, and using it for communal, social, and cultural purposes. The land, they contend, constitutes not only their means of economic subsistence but also the nucleus of their communal identity, cultural heritage, and generational continuity. At no time in history, they maintain, has their ownership ever been lawfully challenged until the recent encroachment instigated by the State Government.

Their apprehension heightened in July 2025 when they became aware of a publication in The Pointer Newspaper (an official government mouthpiece) dated Saturday, 10th May 2025. In the said publication, the Delta State Government purported to revoke vast expanses of land, including the Umuomake ancestral land, on the alleged ground of “overriding public interest.”
This action, they argue, came as a rude shock, given that no individual, family, or authority has ever successfully contested their proprietary rights over the said land. By publishing the purported revocation in a state-owned newspaper, the Government allegedly sought to confer a semblance of legitimacy on an otherwise unconstitutional and unlawful act, in violation of Section 28 of the Land Use Act.

Upon discovery of the publication, the Umuomake family immediately took proactive steps to verify the authenticity, scope, and legal basis of the purported revocation, given its grave implications on their proprietary rights and communal survival. However, the Delta State Government has neither addressed their concerns nor complied with their demands, hence their resort to the present court action in defense of their constitutionally guaranteed right to property.

In their suit, the Umuomake family seeks, among other reliefs, a declaration that they are the rightful, lawful, and beneficial owners of the parcel of land situated at Akwuogede/Abodei in Obodogwugwu Quarters, Okpanam, Oshimili North LGA of Delta State, having been in undisturbed possession from time immemorial.
“A declaration that the purported revocation of their proprietary rights as published in The Pointer Newspaper of 10th May 2025 is unconstitutional, unlawful, irregular, oppressive, ultra vires, null and void for non-compliance with the Constitution, the Land Use Act, and binding judicial precedents.
“An Order nullifying and setting aside the purported revocation of their rights of ownership in respect of the said land for being unconstitutional, unlawful, and of no legal effect whatsoever.
“A declaration that any activities carried out or being carried out by the Delta State Government, its officials, agents, or privies—including but not limited to surveying, demarcating, or mapping out portions of the land—amount to trespass, intimidation, and unlawful interference with their proprietary rights.
“An Order of Perpetual Injunction restraining the Delta State Government, its agents, privies, proxies, representatives, or assigns from acting on the purported revocation or in any way interfering with the Claimants’ proprietary rights over the land.
“An order awarding the sum of ₦100,000,000,000.00 (One Hundred Billion Naira) as general, aggravated, and exemplary damages against the Delta State Government for trespass, unlawful interference, economic loss, psychological trauma, intimidation, and desecration of their communal heritage.
“An order awarding the sum of ₦50,000,000.00 (Fifty Million Naira) as costs of litigation, including solicitor’s fees, security expenses, and incidental disbursements.
“Post-judgment interest at the rate of 10% per annum on the judgment sum from the date of judgment until full liquidation.
A hearing date is yet to be assigned, and the Delta State Government is yet to file its response to the suit.