The Court of Appeal sitting in Benin City on Thursday unanimously dismissed an interlocutory appeal filed by the University of Benin Teaching Hospital (UBTH) and its Management Board challenging the jurisdiction of the Edo State High Court to hear a case concerning the alleged unlawful transfer of land acquired by the government for the hospital’s use to private individuals.
The objection had earlier been raised by UBTH and its Management Board at the lower court, arguing that the Edo State High Court lacked the jurisdiction to entertain the suit.
However, the High Court dismissed the objection for lacking merit.
Dissatisfied with the ruling, UBTH and its Management Board proceeded to the Court of Appeal, seeking to overturn the decision.
In its judgment, the appellate court again dismissed the appeal, describing it as lacking merit, and ordered that the case be returned to the Edo State High Court for hearing and determination on its substantive issues.
In arriving at its decision, the Court of Appeal noted that the legal position on land acquisition is well established.
“It is pertinent to place on record that the law has long been established that once the purpose for which land is acquired by the acquiring authority is defeated, the land will revert to the traditional or original owners,” the court stated.
Based on this position, the appellate court held that the appeal filed by the University of Benin Teaching Hospital and its Management Board was “bereft of merit” and accordingly dismissed it.
The case will now proceed at the Edo State High Court for determination on its merits.