Family alleges violation of court order by Lagos land agencies

Lagos State Urban and Renewal Agency, LASURA and the State Building Control Agency, LASBCA have been accused of erecting structures on a disputed property located at plot 49 Martins Street, Lagos in spite of a court order restraining parties from doing anything that will jeopardise the case in court.

Ongoing development on the disputed land

The family which is laying claim to the ownership of the disputed land, accused the defendants erecting structures on the land contrary to a court order that the status quo be maintained by all parties pending the determination of the case. is being violated by the defendants by erecting structures on the disputed plot of land.

Already, the embittered family involved in the matter has filed Form 48, a Notice of Consequence of disobedience to Order of Court. The Notice dated August 6, 2015, against the General Manager, Lagos State Urban Renewal Authority, LASURA states: “that unless you (LASURA GM) obey the directive contained in this order, you will be guilty of contempt of court and will be liable to be committed to prison unless you purge yourself of the contempt”.

Purging self of contempt

The Family had in a statement, accused the defendants (LASURA and LASBCA) of violating the order granted by Justice Hakeem Oshodi of the Lagos State High Court in the matter it (Family) instituted against the defendants.

The judge had ordered that the status quo be maintained by all parties to the suit pending the determination of the case but according to the family the defendants have disobeyed the order and commenced erecting structures on the land.

Claimants in the suit are: Alhaji Fasasi Adesigbin Oluwole, Afeez Oladimeji Shitta and Alhaja Mutiat Olasumbo Hassan,(on behalf of the family of late Alhaja Taibat Shitta) and Alhaja Hadikat Talabi had in their suit laid claim to the disputed property at No 49 Martins Street, Lagos which has been the subject of litigation over a period of time.

Defendants include the Attorney General of Lagos State, Lagos State Urban Renewal Agency, LASURA and the Lagos State Building Control Agency, LASBCA. In the said suit before a Lagos High Court sitting in Igbosere, an order had earlier been granted restraining the Lagos State government from further demolition and dismantling the property located at plot 49, Martins Street, Lagos through its agent, Lagos State Building Control Agency (LASBCA).

Embittered about the current development, some family members represented by Alhaja Medinat Onimole, Mr. Dotun Alokolaro , Alhaja Mutiat Hassan and Alhaja Hadikat Talabi expressed disappointment over what they termed as “illegality” on the part of the government, pointing out that they were surprised that the past abuse of powers could continue under the new administration of Governor Akinwunmi Ambode. expressed disappointment over what she termed “illegality” on the part of the Lagos State Government.

While appealing to Governor Akinwunmi Ambode to use his good offices to intervene in the matter, Alhaja Hassan alleged that the poor man has no hope in the country if such development is allowed to continue.

But reacting to the Alleged violation of court order, the General Manager of the LASURA, Mr. Benedict Kehinde, wondered why the claimants did not challenge the violation in court rather than complaining to the media.

“There is a court injunction binding on the state government, and the state government has violated the injunction, instead of going back to the court, they decided to go the press. Doesn’t that strike you? They ought have have challenged the violation order in court instead of complaining to you journalists. That should strike you,” the LASURA boss said.

Explaining however why his Agency is carrying out construction at the site, the GM noted that the property in question is not one, but plots 49 and 51, Martins Street. He pointed out that before the state acquired properties on Martins Street in 1951, there were two properties on plots 49 and 51 although it looked like one property because there was no clear demarcation between the two properties.

Clear demarcation

According to him, having acquired the plots, the government duly paid compensations to the property owners and the payments were duly signed for, brandishing a document in verification of his claims. He added that the claimants had willingly withdrawn from pursuing the matter when they were told by the court that they had no case, as they were told that the site was acquired by the government and compensations paid to the owners. He said but the family members however went back to the court in pursuance of the matter.

The claims of the LASURA boss are however at variance with the deposition by the Claimants who claimed to have been in possession of the property for over 30 years up until October 24, 2014 when it was alleged the agents of the state government aided by security operatives, “invaded the property in dispute removing the burglaries, doors and windows affixed to the property forcibly evicting the tenants from their shops”.

According to them, despite the institution of the suit against the defendants (to which the defendants are yet to file a defence) and the order ex-parte restraining the defendants, the demolition continued unabated.

“As at 26th of November, 2014 when this Honourable Court granted an order ex-parte, retraining the Defendants from further demolishing the property in dispute, the said property was yet to be fully demolished by the defendants.”