Magodo: Execution was carried out by bailiffs ― Lagos CJ

The Attorney General and Commissioner for Justice of Lagos State, Mr Moyosore Onigbanjo has stated that the enforcement of the judgement by Shangisha Landlord Associations on Wednesday was carried out by unknown bailiffs.

The CJ said that the Sheriffs of the High Court of Lagos State where the judgement emanated were not responsible for the purported execution carried out on the 21st December 2021, at Magodo.

He stated this in a statement published on the official website of the State’s Ministry of Justice tagged Illegal Enforcement of Judgement by the Shangisha Landlords Association INRE SC/112/2002 between Military Governor of Lagos State & ORS V. Chief Adebayo Adeyiga & ORS on Thursday.

Moyosore explained that the purported execution is contrary to order 8 rule 17 of the Supreme Court rules 2014 and section 37 of the Enforcement of judgement and Orders part iii of the Sheriff and Civil Process Act, LFN 2004.

The AG stated that the judgement before the Supreme Court is not in respect of declaration of title and the Supreme Court did not in any way grant title to land to the Judgement Creditors.

He explained that the Judgement Creditors had no claim for possession and none was granted as no survey plan was tendered before the court.

“The execution was carried out by unknown bailiffs as the Sheriffs of the High Court of Lagos State where the judgement emanated were not responsible for the purported execution carried out on the 21st December, 2021, at Magodo.

“The purported execution is therefore contrary to order 8 rule 17 of the Supreme Court rules 2014 and section 37 of the Enforcement of judgement and Orders part iii of the Sheriff and Civil Process Act, LFN 2004.

“The judgement before Supreme Court is not in respect of declaration of title and the Supreme Court did not in any way grant title to land to the Judgement Creditors.

“The Judgement Creditors had no claim for possession and none was granted as no survey plan was tendered before the court.

“The Judgement is not affixed to any land anywhere and only declared that the judgement creditors are entitled to allocation of land from the state government,” he stated.

Meanwhile, The Commissioner expressed disappointment towards the action of Chief Adebayo Adeyiga for ‘misleading’ the Nigerian Police in attempting execution of the judgement notwithstanding the pending appeal against issuance of a warrant of possession by the then Chief Judge of Lagos state on 16th March 2017.

He, therefore, enjoined the residents of Magodo to remain calm as an investigation into the unwarranted incidents is ongoing.

“The State Government is therefore dismayed by the action of Chief Adebayo Adeyiga who misled the Nigerian Police in attempting execution of the judgement notwithstanding the pending appeal against issuance of a warrant of possession by the then Chief Judge of Lagos state on 16th March, 2017.

“The state government enjoins the general public to remain calm especially the residents of Magodo, while an investigation into the unwarranted incidents is being carried out with a view to prosecuting any person found culpable,” he said.

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