Property Advice
The legal tussle between the Shangisha Landlords Association on one hand and the Lagos state government on the other involving plots of land in Shangisha/Magodo has been on since 1988.
Reports have it that the Lagos State government had taken over the plots under dispute from the original owners in Shangisha under the guise that it wanted to build an international standard hospital there. But that was never to be as instead, they started allocating plots to their associates and cronies.
How It All Began
Narrating how the issue started, Chief Adebayo Adeyiga, Chairman of the Shangisha Landlord Association in a recent chat with newsmen narrated thus:
“Between 1984 and 1986, the government of Lagos State of Nigeria took the parcel of land belonging to us, members of the landlord Association of Shangisha /Magodo the area occupied by us, under the pretence that the acquired land will be used for the construction of an international standard hospital. We the landlords were forcefully evicted from the land in dispute.
“The government went ahead to pull down all our houses, taking the entire area which was not what they had asked for in the 1st place. After the pulling down of our houses, we were embarrassed to find out that the Lagos state government officials involved had converted the land for their selfish interest, allotting the said land in plots to their friends and cronies, and some of high and mighty people in the society
“The Association (Judgement Creditors) unanimously elected Chief Adebayo Adeyiga as their chairman and six other members to represent the Association in the recovery of their land from the Lagos State government.
“We approached the Lagos State government, armed with facts of the allotments, and it was resolved between us that members of the Association would be given plots of land from the then new scheme known as Magodo scheme 2.”
“It was when they failed to do so, that we were forced to sue the Lagos State government sometimes in June 1988 in suits ID/795/88, Chief Adebayo Adeyiga and six (6) others versus military governor of Lagos State and four(4) others in Lagos State high court, Ikeja.”
The court initially ruled that both parties should maintain the status quo but in clear disregard of the court’s directive, the state government continued to sell the land.The high court would eventually rule in favour of the landlords and ordered the government to give the Association and its members 549 plots of land as a matter of priority.
The Lagos state government, dissatisfied with the judgment of the High Court, approached the Appeal court which affirmed the high court’s judgment on the matter to give back 549 plots of land to the original owners in the Association of Shangisha landlords.
The matter went all the way to the Supreme Court which also affirmed the ruling of both lower courts directing the government to comply and give the original owners 549 plots.
Supreme Court Upholds Both Courts’ Ruling
The Supreme Court held that the Lagos State High Court and the Lagos Division of the Court of Appeal came to the right conclusion in 1994 and 2001 when they ordered the state government to re-allocate the same 549 plots to the landlords or allocate plots of their choices to them.
In its ruling, the Supreme Court’s five-man panel gave an unanimous decision held that the findings of the High Court and Court of Appeal were premised on sound legal footings The Supreme Court’s five-man bench comprised of Justices Walter Onnoghen, John Fabiyi, Bode Rhodes Vivour, Mary Peter-Odili and Adekeye who read the judgment.
After reviewing the totality of the submissions made on behalf of the state government by its counsel, Lawal Pedro, in its appeal and the respondents’ submission marshaled by their lawyer, Olumide Sofowora, the court declared: “In sum, the appeal lacks merit and it is dismissed. The judgments of the two lower courts are affirmed. The cost of this appeal is assessed as N50,000 in favour of the respondents.”
On going through the record, it is my conclusion that the court has no duty to interfere with the decision of the two lower courts,” Justice Adekeye held.
Ruling further, the trial judge held that “from all these exhibits, it stood very clear that the government of Lagos State has committed itself to allocate plots in the scheme involved to members of the Plaintiffs’ Landlords Association and it is therefore bound in law to do so.”
He then issued an order of mandatory injunction compelling the Lagos State government to forthwith allocate 549 plots to the plaintiffs in the said Shangisha Village Scheme.
The Long Road To Justice
For the original land owners, it has been a long road to getting justice. Despite the rulings of the courts of the land, they have continued to seek justice in getting back their lands.
In 2017, Chief Adebayo Adeyiga, Chairman of the Association, accussed the Lagos state Commissioner of Information, Mr. Stetve Ayorinde as not been sincere and truthful wiith statements credited to him wherein he had claimed that the government was discussing with the association on the way forward on the matter.
According to him, the comments of the Lagos state Commissioner showed that he had relegated the rule of law and ridiculed the judgement of the Supreme Court with ignominy as the government was not in talks with the association (the only authorised recliamers) over settlement of the matter.
He said there was no iota of truth in the claim that there was a meeting between the association and the Lagos State Government or its Agents since the National Judicial Council directed the Chief Justice of Lagos State (Hon. Justice Olufunmilayo Atilade) to give it (the Association) authority to possess the Magodo Scheme II through her writ of possession of 16th March, 2017.
According to him, Mr. Steve Ayorinde had boasted to them that despite the court ruling, the government will not cede any section
of the estate to them as it was not an area for the poor.
Quick Facts Of The Matter
The case ID/795/88 was instituted in June 1988 by the Shangisha Landlords’ Association led by Chief Adebayo Adeyiga & 6 others who were authorized by an order of the trial court made by Hon. Justice W.A. Oshodi for the said chairman and 6 other members to do their case in representative capacity on behalf of all other members.
0n 19th October 1992 the trail court granted an interlocutory injunctive order by Hon Justice A.L.A.L Balogun (of blessed memory) restraining the Lagos State Government and their servants, privies and assigns (now judgment debtors) from doing anything on the said land pending the final determination of the said case. Contrary to the said order the Lagos State Government continues to sell, allocate and were doing everything they like on the land which explain the presence of some trespassers/contemnors who claimed to be members of the Magodo Residents Association (MRA).
On Dec 31 1993, a mandatory Judgment was given by the trial judge Hon. Justice A.L.A.L Balogun to the effects that the Shangisha Landlords’ Association should be allocated, 549 plots in Shangisha/Magodo Scheme II. This allocation should be on first choice preferential allocation, if possible to the original plot of each member. This made the judgment creditors to be entitled to 549 plots of land at the said Shangisha village Scheme now known as Magodo Scheme II aforesaid.
On March 16 1994, Hon. Rosaline Omotosho gave an order of barring the parties as well as their agents, privies, servants or assigns, from going on the said land. She declared all allocations and all certificate of occupancies that have been issued on the land, illegal, null, void and barred the Lagos State Government from issuing further instruments in respect of all the land now known as Magodo Scheme II. She expressed her displeasure over wanton disobedience of rule of law by Lagos State government, civil servants and other executive officers of the state.
The National Judicial Council had directed the Chief Justice of Lagos State (Hon. Justice Olufunmilayo Atilade) to give it (the Association) authority to possess the Magodo Scheme II after the Supreme Court’s judgment.
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