Magodo invaders to be prosecuted - Lagos AG
Wednesday’s invasion of Magodo Phase 2 Estate in the Shangisha area of the Lagos State is illegal.
According
to the state’s Attorney General and Commissioner for Justice, Moyosore
Onigbanjo (SAN), the action was taken without the knowledge of the High Court
of Lagos as required by law.
He
said that the suspected land grabbers and their accomplices in the Police would
be investigated and those found culpable would be prosecuted.
In
a statement on Thursday, Onigbanjo the judgment of the Supreme Court, which the
Chief Adebayo Adeyiga family relied on only related to “549 plots of land and not possession of any land”.
The Attorney-General recalled the attempts made by
the state government between 2012 and 2016 to effect the judgment to
re-allocate land to the family in Magotho Residential Scheme in the Badagry
area and Ibeju-Lekki Coastal Scheme. of the state.
But all of these were rejected by Adeyiga.
Text of the Attorney-General’s statement:
ILLEGAL
ENFORCEMENT OF JUDGMENT BY SHANGISHA LANDLORDS ASSOCIATION INRE SC/112/2002
BETWEEN MILITARY GOVERNOR OF LAGOS STATE & ORS. V. CHIEF ADEBAYO ADEYIGA
& ORS.
i. On the 21st
of December, 2021, it was reported through social media platforms that the
Shangisha Landlords Association with stern looking Policemen took over Magodo
Area of Lagos State in purported execution of a Supreme Court judgment.
ii. It is a
known fact that judgment was delivered in 2012 by the Supreme Court in Military
Governor of Lagos State & Ors. Vs. Adebayo Adeyiga & Ors in Appeal No:
SC/112/2002 wherein the Apex court affirmed the judgment of Court of Appeal and
High Court delivered on the 31st December, 1993 in Suit No: ID/795/88 wherein
the Court held as follows:
“I hereby enter
judgment for the plaintiffs against the defendants as follows –
A declaration
that members of the Shangisha Landlords Association whose lands and or
buildings at Shangisha village were demolished by the Lagos State Government
and/or its servants or agents during the period of June 1984 to May 1985 are
entitled to the first choice preferential treatment by the Lagos State
Government before any other person(s) in the allocation or re-allocation of
plots in Shangisha village and I make the order against the 1st, 2nd, 3rd and
4th defendants (particularly the Lagos state Government and Land Use and
Allocation committee) as agreed in the meeting held on 16th October 1984 with
the Ministry of Lands and Housing and Development Matters, Lagos State.
2. An order of
Mandatory Injunction is hereby made that the said defendants shall forthwith
allocate 549 (five hundred and forty-nine) plots to the plaintiffs in the said
Shangisha village scheme in the Shangisha village aforesaid.”
iii. It is
obvious from the declaratory judgment of the Supreme Court that the judgment
only recognized the Judgment Creditors as being entitled to first choice
preferential treatment in the “allocation and or re-allocation of plots in
Shangisha Village”. The judgment only relates to allocation of 549 plots of
land and not possession of any land.
iv. Several attempts by the State
Government to resolve the matter amicably have been on even before the judgment
of the Supreme Court was delivered. It is therefore not surprising that the
Supreme Court held on page 27 of the judgment thus;
“…… This Court
appreciates the magnanimity of the Lagos State Government in the proposals to
effect an amicable settlement of this matter. The ball is now in the court of
the counsel to the respondents who has a statutory duty to advise them properly
to give the government their maximum co-operation in the execution of this
judgment.”
v. The State
Government engaged the Judgment Creditors between 2012 – 2015 and made proposal
to re-allocate land to the Judgment Creditors at Magotho Residential Scheme
within Badagry Area which was rejected by Chief Adebayo Adeyiga but majority of
the Judgment Creditors led by Yemi Ogunshola, Jelili Yaya and Adeleke Adefala
accepted the offer. Due to division within the Judgment Creditors, another
round of settlement was initiated in 2016 which culminated in the proposal to
re-allocate the Judgment Creditors to Ibeju Lekki Coastal Scheme situate at
Ibeju/Lekki which was also rejected by Chief Adebayo Adeyiga.
vi. Subsequent
to the rejection, the State Government has been in dialogue with majority of
the Judgment Creditors from 2019 with a view to reach a concession towards
implementing the Judgment.
vii. Noteworthy
also is the pending application for interlocutory injunction dated 1st December
2020 before the Court of Appeal in Appeal No. CA/L/1005A/2018 seeking an order
restraining Chief Adebayo Adeyiga and others (including their agents, servants
privies or howsoever called, particularly the Police) from entering into,
giving direction, taking possession or in any manner disturbing the quiet
enjoyment of property owners in Magodo Residential Area Scheme.
viii. The Lagos
State Government has equally observed that the execution was carried out by
unknown Bailiffs as the Sherriff of the High Court of Lagos where the Judgment
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 Judgment and Orders Part iii of the Sherriff and Civil Process
Act, LFN, 2004.
ix. The Judgment
before the Supreme Court was not in respect of declaration of title and the
Supreme Court did not in any way grant title to land to the Judgment Creditors.
The Judgment Creditors had no claim for possession and none was granted as no
survey plan was tendered before the Court. The judgment is not affixed to any
land anywhere and only declared that the Judgment Creditors are entitled to
allocation of land from the State Government.
x. The State
Government is therefore dismayed by the action of Chief Adebayo Adeyiga (one of
the Judgment Creditors) who misled the Nigeria Police in attempting execution
of the Judgment notwithstanding the pending Appeal against the issuance of
warrant of possession by the then Chief Judge of Lagos State on 16th March
2017.
If this is the true position of things, I think by wise counsel, Chief Adebayo Adeyiga should accept land allocated to him by the state government in any choice area like the other judgement creditors have done.
ReplyDeleteWe, the public have been led to believe that judgement was in favour of absolute possession of the whole Magodo estate.