The ruling followed a lawsuit filed by representatives of individuals who legally purchased land from the Ajigbotosho family, challenging what they described as repeated illegal encroachment by the military. The case, Suit No: I/642/2018, was brought against the Chief of Army Staff and the General Officer Commanding, 2 Division, Ibadan. Other defendants included the Garrison Commander, Nigerian Army Garrison, Odogbo, Ibadan, the Commandant of 42 Mechanised Engineers, Col. Yunusa Yusuf, and unidentified trespassers.

The claimants sought a declaratory order and injunction to prevent further military intrusion on the disputed land.

Delivering judgment on Monday, Justice Oyeyemi Ajayi ruled entirely in favor of the claimants, affirming that the contested land was not part of any area legally acquired by the Nigerian Army. The judge confirmed that the Ajigbotosho family layout at Alagbede village was properly surveyed and identifiable, citing Layout No. RAK/MISC/637 prepared by Surveyor R. A. Kadiri.

The court further relied on a joint survey dated April 13, 2006, prepared by Surveyor A. A. Adeyemi, which confirmed that the land was civilian-owned and outside the boundaries of the Army-acquired Odogbo Barracks.

In his ruling, Justice Ajayi restrained the Nigerian Army and its agents from any further interference with the property, stating:

“The defendants, their servants, agents, privies, or anybody through them are hereby restrained from further trespassing on the claimants’ land at Ajigbotosho family layout, Alagbede, Ibadan.”

The court also awarded ₦100 million in general damages against the defendants for their unlawful actions.

The claimants—Alex Adio, Tunde Taiwo, and Tunde Akinlolu—were represented by Abioye Oloyede-Asanke (SAN), acting on behalf of all individuals who purchased land from the Ajigbotosho family at Alagbede Layout.

Earlier, the defendants filed a preliminary objection, asking the court to dismiss the suit on the basis that a similar case was pending elsewhere. Justice Ajayi rejected the objection, ruling that the two cases were not the same and that the suit before him was valid.