By Abasi Ita, Calabar
After nearly a decade of legal contention, the Supreme Court of Nigeria has delivered a landmark judgment in favour of the Ikot Ansa community (Nkonib) in Calabar Municipality, Cross River State, affirming their ownership of a disputed parcel of land.
In Appeal No. SC/CV/295/2021, the apex court unanimously dismissed the appeal filed by Ntoe Ededem Okon Ayito, bringing finality to a protracted land tussle that had passed through all levels of Nigeria’s judicial system.
The panel of Justices—Uwani Musa Abba Aji (Lead Justice), Mohammed Salawa, Stephen Adah, and Abubakar Sadik Umar—upheld the earlier decision of the Court of Appeal. The appellate court had found that the appellant, Ayito, failed to sufficiently prove his title to the land based on traditional history, as he had originally pleaded.
The Supreme Court concurred with the appellate court that while Ayito later relied on acts of ownership and long possession, such claims could not substitute the fundamental requirement to establish title by traditional history. The court also nullified the judgment of the Cross River State High Court, delivered on February 21, 2019, which had earlier ruled in Ayito’s favour.
Ayito had approached the Supreme Court seeking to overturn the Court of Appeal’s decision, which had reversed the high court’s judgment declaring him the rightful owner of the land. His appeal was, however, found to be lacking in merit.
Origins of the Case
The case originated from Suit No. HC/242/2017, filed at the Calabar Judicial Division of the Cross River State High Court. The plaintiffs, HRH Ndidem Patrick Inok Oqua, Ntufam Felix Eyo Iso, and Ntufam Francis Okon Effiok, acting for themselves and on behalf of the Ikot Ansa Community, had challenged the ownership claims of HRM Ntoe Ededem Okon Ayito, who represented Etab Ayito Village and other members of the Kashim in Qua Clan, Calabar.
The high court, presided over by Justice Imelda B. Etape, ruled in favour of Ayito, striking out the Ikot Ansa community’s counterclaim as an abuse of court process and awarding ₦100 million in damages against them for trespass.
Appeal and Reversal
Unwilling to accept the high court’s ruling, the Ikot Ansa community filed Appeal No. CA/C/158/2019, listing eight grounds of appeal. They challenged the trial judge’s decision to grant title to the respondent based on acts of ownership and long possession, despite his failure to prove a root of title grounded in traditional history.
They further questioned the legal basis for awarding ₦100 million in damages for trespass and contested the judge’s conclusion that they were trespassers, given the conflicting historical claims presented during trial.
In a judgment delivered on December 4, 2020, the Court of Appeal ruled in favour of Ikot Ansa. The presiding judge, Justice M.O. Owoade, held that the lower court had erred in both law and facts.
The appellate court reversed the decision, setting aside the judgment delivered on February 21, 2019, and made no order as to costs.
Supreme Court Verdict
At the Supreme Court hearing, legal representation included Mba Ukweni, SAN (with F.N. Nachamada) for the appellants (Ikot Ansa) and Orchardson Umoh for the respondent (Ayito). After reviewing the record and legal submissions, the Supreme Court concluded that the appeal lacked merit and failed to establish a valid claim of ownership.
This judgment reinforces long-standing judicial principles concerning the burden of proof in land ownership disputes, especially when traditional history forms the basis of a party’s claim.
With this definitive ruling, the Ikot Ansa (Nkonib) community has been legally recognized as the rightful owners of the disputed land—bringing closure to a contentious legal battle that spanned over eight years and multiple tiers of Nigeria’s judiciary.