Group asks court to revoke community land lease agreement with Tantita 

       BY SPECIAL CORRESPONDENT

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A group known as Torugbene Progressive Leaders of Thought Initiatives, has dragged  a surveillance security firm and three others before a Delta state high court over alleged unlawful land lease transaction.

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Listed as defendants in the suit marked No:HCB/31/2025 are, Tantita Security Services Limited, as 1st defendants, Chairman of Torugbene Urban Community as 2nd defendant, the Amananaowei (Traditional Head of Torugbene Urban Community) as 3rd defendant, and Chairman of Torugnene Elders Consultative Forum (TECF), as 4th defendant.

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Hearing of the suit is slated for January 19, 2025.

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The plaintiffs are led by.Mr Ebebi-Ekisimene Timipre Princewill for himself and on behalf of the members of Torugbene Progressive Leaders of Thought Initiatives and also members of Keniyinbo Ward, Akwaware Quarters,.Torugbene Urban Community, Burutu Local Government Area Delta State.

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In their statement of claims, the plaintiffs, “avers that all persons indigenous to Torugbene Community are entitled to have usefructuary rights in respect of all lands, lakes, ponds, canals (among others) within the territories of Torugbene Urban Community after compliance with traditional standards of acquisition of communal land.

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“The Claimant avers that the 2nd, 3rd and 4th Defendants without lawful authority, community resolution vide congress, or consultation with families/wards (including Claimant’s Keniyinbo Ward) through their representatives, unilaterally entered into a land lease transaction with the 1st Defendant for a period of thirty (30) years in respect of piece or parcel of land measuring approximately an Area of 101. 23 Hectares lying and being situate at Torugbene Urban Community.

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“The aforesaid land lease transaction between the 2nd, 3rd, and 4th Defendants on one part, and which they have already signed as Lessors. and the 1st Defendant on the other part and as Lessee was made surreptitiously by the Defendants without community consent, notice, or participation of affected families/wards through their authorized representative or congressmen.

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“The 1st Defendant deliberately entered into the said lease transaction despite being fully aware of the existing communal ownership and ancestral usefructuary rights of the people of Torugbene Urban Community, including Claimant’s Keniyinbo Ward members who have been using different parts of the land for fishing, farming, timber lumbering, palm wine tapping, among others.

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“The Claimant shall contend during trial that from the Memorandum of Association and Articles of Association (MEMART) of Tantita Security Services Nigeria Limited, the 1st Defendant herein, it is beyond the scope of authority and powers and therefore ultra vires for the 1st Defendant to acquire vide a lease agreement the Claimant’s Torugbene Urban Community large expanse of land for the purpose of establishing and/or planting a rice farm.”

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The plaintiffs are therefore asking the court: “A declaration that under the Constitution of Torugbene Urban Community (as amended 2019), the 2nd ,3rd and 4th Defendants do not have the powers, authority, and/or right sell, rent, lease, alienate any communal property, including any piece or parcel of land without seeking the prior consent and approval of members of congress which is composed of representatives from all the known and recognized wards indigenous to Torugbene Community in Burutu Local Government Area of Delta State of Nigeria.

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“A declaration that from the Memorandum of Association and Articles of Association (MEMART) of Tantita Security Services Limited, the 1st Defendant herein, it is beyond the scope of authority and powers and therefore ultra vires for the 1st Defendant to acquire vide a lease agreement the Claimant’s Torugbene Urban Commuinty Land for the purpose of establishing and/or planting a rice farm.

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“A declaration that the lease agreement between the 2nd , 3rd, and 4th Defendants on one part and as Lessors and the 1st Defendant on the other part and as Lessee in respect of all that piece or parcel of land measuring approximately an Area of 101. 23 Hectares lying and being situate at Torugbene Urban Community without first seeking the prior consent and approval of members of congress which is composed of.representatives from all the known and recognized wards indigenous to Torugbene Community is null and void ab initio and of no legal and equitable effect whatsoever.

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“An order of this Honourable Court setting aside the purported Lease agreement between the 2nd , 3rd, and 4th Defendants on one part and which they have already signed as Lessors and the 1st Defendant on the other part and as Lessee in respect of all that piece or parcel of land measuring approximately an Area of 101. 23 Hectares lying and being situate at Torugbene Urban Community, same not reflecting the general interest and consent of members of all wards constituting Torugbene Urban Community.”