Lagos demolishes property against court order

Lagos State has commenced the demolition of the disputed property days after Justice David Osiagor of a Federal high court sitting in Lagos restrained the state and the Attorney-General and Commissioner for Justice, Lagos State, from allocating any portion of the property located at B20, Wole Olateju Crescent, off Admiralty Way, Lekki Phase 1 in Eti-Osa Local government Area.

Justice Osiagor had on October 18, 2021, in a suit delineated FHC/L/CS/1384/21 filed by, Admiralty Fleet Limited (BICS Garden), and Admiral Porbeni (Rtd), restrained the Attorney-General of Lagos State and the Lagos State Special Task Force Unit who are defendants in the suit from allocating any portion of the parcel of land, building, and appurtenances or enter into the disputed property pending the hearing of the substantive suit.

The plaintiffs through their counsel, Messrs. Adetunji Oyeyipo (SAN) alongside, Abiodun Olatunji (SAN), had in a Motion on Notice for Interlocutory Injunction brought pursuant to section 43 of the constitution 1999 as amended, section 1, 2 and 3 of the lands (title vesting etc) ACT CAP. L7 LFN 2004, sections 10, 11, 12 and 13 of NIWA ACT CAP 47 LFN 2004, order 26 (1) (2) and order 28(1) of the federal high court civil procedure rules 2019, urged the court to restrain the defendants from entering into the disputed property pending the hearing of the substantive suit.

Consequently, Justice Osiagor in his order restrained the defendants from entering into the said property for the purpose of forcefully removing the plaintiff or any of the plaintiff’s equipment, machinery, structures, and boats pending the hearing and determination of the suit. The judge also refused the request of the first and third defendants to consolidate the applicants’ Motion on Notice with the Preliminary objection filed by the defendants stressing that the preliminary objection was not ripe for hearing.

But, the state has allegedly invaded the premises, demolished the property, and damaged some equipment in defiance of the court order.

In an affidavit in support of the Motion on Notice, the plaintiff stated that sometime in 1987, Admiral Porbeni, the second applicant, acquired the disputed land measuring 1996.86 square metres from the Lagos State Government and was granted a Certificate of Occupancy dated December 3, 1987, and registered as No 88 at Page 99 in Vol. 1987E at the Lagos State Land Registry Office, Ikja. And in 1996, he acquired an additional parcel of land located at Lekki in Lagos Island Local Government Area measuring 3239.51 square metres from Lagos State and subsequently applied for and was granted a Lagos State Certificate of Occupancy in respect of the land.

Also, the second applicant in compliance with revenue payment advice received from the second respondent (National Inland Waterways Authority) on December 18, 2006, and on June 14, 2007, paid the sum of N356,500.00 and N120, 000.00 for permit approval fee, inspection fee, shore utilization and permit renewal, inspection fee and structure for waterways respectively before the notice was posted on the premises, adding that while they were preparing for the meeting with the Chairman, Lagos State Special Task Force, the Task Force invaded the disputed property with bulldozers, Black Maria vehicles, and trucks loaded with heavily armed policemen numbering over 50 led by one CSP. Sola Jejeloye without any valid court order and immediately proceeded to demolish structures including boundary fences and staff quarters housing about 25 staff members and their families and urged the court to declare the forceful entry and invasion of the premises as trespass and a breach of the applicant’s fundamental right to own immovable property anywhere in Nigeria guaranteed by Section 43 of the Constitution.

But, the Attorney-General of Lagos State and the Lagos Task Force in their Notice of preliminary objection filed by their lawyer, Adebayo Haroun challenged the jurisdiction of the court to entertain the suit, arguing that the subject matter of this action is not one of the specific matters listed in Section 251 of the 1999 Constitution (As Amended) that the court is conferred with jurisdiction to entertain. In the counter affidavit filed by the AG and the Task Force, the government stated that the land has been allocated to a third party who has taken possession and the government only demolished the place because it was being occupied by squatters, miscreants, and hoodlums, and urged the court to strike out the suit Plaintiffs’ Suit as presently constituted.

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