Oyo state will enforce legislation on land grabbing ― AG

 

THE Oyo State Government has stated that it will enforce all legislation in its bid to curb the menace of land grabbing in the state, urging members of the judicial arm of government to adopt the principle of substantial justice in dealing with the growing menace of land grabbing since the state had in a timely manner risen to the occasion by passing appropriate legislation to tackle the mischief of land grabbers.

 

The government further warned that the use of thugs, agents, consultants to attack occupants or demolish buildings based on purported court judgment without proper procedure shall be prosecuted under the Real Property Protection law (Anti Grabbers Law) to ensure the menace of land grabbing is finally curbed in the state.

The Attorney General and Commissioner for Justice in Oyo state, Mr. Oluseun Abimbola, made this known in Ibadan, during the Special Court Session held in honour of late Justice Pius Aderemi, JSC (rtd), adding that a more worrisome dimension was recently introduced by some judgment creditors who under the guise of enforcing recent court judgments of the Supreme court and High Court over expansive parcels of land, introduced the use of thugs and brigades to seize possession and cause security threat to people.

He said that government initiated the Real Property Protection (RPP) Bill in 2016 and Governor Abiola Ajimobi gave assent to it on February 9, 2017 after which it was passed into law to curb the menace of land grabbers, explaining that Section 3 of the RPP law provides that no person shall use force or self-help to take over any real property or engage in any act inconsistent with the proprietary right of the owner or occupant in the state.

Abimbola added that without prejudice to the rights of a judgment creditor to reap the fruits of his/her judgment, there are laid down procedure for the enforcement of a warrant of possession over real property and there are statutory persons authorized to carry out that task, noting that other than bailiffs/Sheriffs of court supported by the police, no other person has a legal right to enter into another person’s property in the name of executing a court judgment.

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According to the Attorney General, aiding and abetting a forceful take-over of land, threat or use of
force, with or without offensive weapons, selling or offering for sale illegally taken over real property or a beneficiary of such forcefully taken over land are all subject to prosecution under the law which does not exclude professionals like Estate Agents, Estate and Land Surveyors or lawyers from prosecution if found culpable in forceful takeover.

He explained that, “regrettably, since the commencement of this law, the police still sometimes charge culprits arrested for offences created under the RPP merely for malicious damage, a charge readily defeated by a defense of bonafide claim of right under Section 23 of the Criminal Code, whereas under the RPP Law, a bonafide claim of right is no defense to a force of arms take-over of any land in Oyo state.

“My lords and your worships, permit me to humbly request of you when faced with such erroneously drafted criminal complaints, to please exercise your powers under section 215(4) of the Administration of Criminal Justice Law of Oyo state 2016, which authorizes the judex to amend, alter, or reframe a defective charge once the ingredients of the charge discloses ‘land grabbing’ rather than mere malicious damage, or in any other case where the prosecution might have wrongly charged.

“This is the substantive justice the ACJL stands for, rather than surrender jurisdiction under the
challenge of a preliminary objection predicated on an improperly framed charge,” Abimbola stated while soliciting the help of the judiciary in enforcing the law.