Farmers Sue Bauchi Gov't Over Allocation of 10,000 Hecters of Land to Tiamin Rice

Ahmad SAKA, Bauchi 

A  group of farmers and Pastoralist from Zindiwa Community in Udubo District of  Gamawa local Government Area of the Bauchi State, has sued the state government  over alleged allocation of  10,000 hecters of  farmland to  Tiamin Rice limited,

The sued  number BA/335/22 was filed before Justice Rabi Talatu Umar of  the State High Court number one  by Mohammed Bello Yaba, Zindiwa rice farmers, cooperative society, against Tiamin rice Limited, Ministry of lands and Survey, Attorney general Bauchi State and the Bauchi State Government. 

They are seeking a declaration that the declaration of the land of LAN No 39236 Ba/41488 registered on sheet 85SE 20/04/21, 10,000 hecters of land  part of government no 3 Udubo grazing reserve order 1986 to Tiamin rice being a private company woth registration no 1369736 is illegal, null and void and of no effect having not complied with the due process of the law,

The Plaintiffs are also seeking a declaration that the state government did not validly dereserve govrnment No. 3 Udubo grazing land prior to the allocation of the land to the company and to grant an ordrer of perpetual injuction retraing the defendants, their agents or privies, assigns, cohorts or any person acting for them or on their behalf from entering into remaining upon perceling alienating, or tempering how so ever with the plaintiffs land giving yo them as permit holders.

In a motion expertee filed by counsel to the plaintiff Barrister Muhammad Alqasim said the Plaintiffs are the indigenous and natives communities of Zindiwa whose forefathers owned the vast reserve area which now form part of the  grazing reserve., in 1986 the then Bauchi State Government promulgate a law declared their forefathers land as No3 Udubo grazing reserve, after the promulgation the law, The Plaintiffs forefathers were granted permit holders of vast area of the land to useful farming and pasturing. 

Counsel said the the first d3fendant approchached the plaintiffs in April 2021and told them that he had acquired the land which is part of the grazing reserve, and alleged that apart from the 10,000 hecters, the defendant is now clearing additional 5,000 hecters, without conducting environmental impact assessment,and commenced work on the said land  by clearing, blocking cable routes, water points in the reserve and power activities which caused erosion, flooding and other  environmental damages.

When the case was mentioned counsel to the the first defendants Saidu Muhammad Tudun wada fileda preliminary objection and asked the court to dismiss the suit in its entirety for want of jurisdiction, as no court of law has the jurisdiction pursuant to 1999 constitution as amended or the land use act 2004 to inquire to the rightfulness and legitimacy of allotment of land may by the executive governor of a state in Nigeria  in the exercise of their exclusive powers including the governor of Bauchi State.

He said the Plaintiffs doesn't have any existing personal right over the 10,000 hecters of land situated in Udubo Gamawa local Government Area, because they are not tenants ,just like any other herder has a permit to graze on the said land and the suit is not justifiable because it didn't disclose a valid cause of action against the first defendants.

Counsel said Tiamin rice paid the Federal Ministry of environment the dum of N275,000 fees cost for interalia workshop and field data gathering in respect of the environmental impact assessment, and the company also paid additional N211,000 as assessment fee to the same Ministry and the Tiamin rice carried out all the necessary legal steps for the commencement of the land mark and expansive Rice Irrigation Project.

He argued that the Tiamin rice is the first large scale industrial and mechanised farming expedition carried out in Bauchi State and that same will produce job yo 100,000 person including farmers, mill workers and professionals, and its activities will not affect the herd activities in Bauchi State, and the permit given to herders yo graze their cattle is not tantamount to ownership of the said land.

When the case was mentioned the Presiding Judge Justice Rabi Talatu Umar adjourned the suit to 15th February 2022 for continues hearing.