Lagos Goes After Late Pa Fashina’s Property Against Court Judgment

LAND MATTERS – An administrator of the properties of the late Pa Kayode Fashina, a philanthropist, is concerned that the Lagos State Government is surreptitiously trying to grab their property in Ikoyi, despite ruling by a Federal High Court that Lagos should back off, Bennett Oghifo reports

Last week, Governor Akinwumi Ambode inspected the property on Plot 439 Karimu Giwa Street, Ikoyi. A couple of days earlier, some officials of the Lagos State Development and Property Corporation (LSDPC) led those of a prominent firm of Estate Surveyors and Valuers to inspect the same property.

The issue…
The late Pa Fashina’s daughter, Mrs. Olubunkola Ajibike Osomo said her father’s travail over his properties began during the Military regime of Head of State, General Murtala Mohammed when the government enacted its ‘one man one house decree, which prohibited ownership of more than a house in Nigeria.

“My father’s houses in Victoria Island, Ikoyi and elsewhere in the country were seized and since after that regime, my father tried to regain his properties from successive governments. Eventually, the Lagos State Government headed by Senator Bola Tinubu restored all of the seized properties in the state except the one on the Lagoon waterfront known as Plot 439 Karimu Giwa Street, Ikoyi.”

Her father, who had always being in possession of the property, then sued the government and he succeeded at the Court because on October 22, 2008 the Federal High Court presided by Honourable Justice D. D. Abutu ruled that the government acted unconstitutionally and should leave the property alone.

The Judgment…
Justice Abutu ruled thus in Suit No. FHC/L/CS/537/05
in the Matter between: Mr. Kayode Fashina and the Governor of Lagos State; Attorney-General of Lagos State; the Lagos State Development and Property Corporation (LSDPC); the Inspector General of Police; and the Attorney-General of the Federation, 1,2,3,4, and 5 Respondents, respectively.

Justice Abutu said in his ruling that “The Applicant seeks in this Motion on Notice dated 2nd of June 2005 brought pursuant to Order 1 Rules 1, 2 and 3 and Order 6 Rule 1(1) of the Fundamental Rights (Enforcement Procedure) Rules 1979, sections 43 and 44 of the 1999 Constitution and the inherent jurisdiction of the Court is for the following reliefs:

A declaration that the purported quit notice served and purportedly executed on the Applicant in respect of his property known as Plot 439 Karimu Giwa St., Ikoyi South West by the 3rd Respondent on the orders of the 1st and 2nd Respondents is null and void and of no effect whatsoever.
“A declaration that the purported claim of the 3rd Respondent to the property of the Applicants situate, being and known as Plot 439, Karimu Giwa St., Ikoyi South West is unconstitutional, null and void an unbridled violation of the Applicant’s fundamental right to own immovable property anywhere in Nigeria as guaranteed by the Constitution of the Federal Republic of Nigeria 1999.

“A declaration that the notice to quit – Exhibit ‘B’ served on the Applicant and its execution thereof on the 27th of May 2005 is illegal, null and void same having not been carried in accordance with the due process of the law.

A declaration that the purported ejection of the Applicant from his property known as Plot 439 Karimu Giwa St., Ikoyi South West without a Court Order, without bailiffs and which exercise was carried out by the personal security agents of the lst Respondent and Civil Servants of the 3rd Respondent is unconstitutional, illegal, null and void and of no effect whatsoever.

A declaration that the purported seizure and or forfeiture of the Applicant’s property at Plot 439 Karimu Giwa St., Ikoyi, South West, Lagos is a violation of his constitutional rights as guaranteed by the Constitution of the Federal Republic of Nigeria 1999 and short of a civilized standard expected in any democratic society.”

The Court awarded to Pa Fashina “N5 million being damages suffered by the Applicant and his tenants for the mental, emotional and psychological trauma suffered by the Applicants due to the irresponsible, undemocratic and uncivilized acts of the Respondents and their agents.”

Justice Abutu further ruled that “This Court considered the issue in its ruling delivered on 28/3/06 and concluded thus:-“The affidavit evidence in this application shows that the dispute between the Applicant and the Respondents is not a land dispute. This action is within the vertical jurisdiction of this Court. The act of the Respondents which constitutes the Applicant’s cause for the complaint as stated in the ground of the reliefs upon which the reliefs are sought took place on the 27th of May 2005. That date constitutes the date of accrual of cause of action. The present action was instituted on the 3rd of June 2005 was instituted within the period of 12 months prescribed by Order 3 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules1979″.
“The issue whether or not the action is statute-barred having been raised and considered by this Court earlier on in this case this Court is by the doctrine of issue estoppel estopped from considering the issue in this ruling. In short, with regard to the issue whether or not this action is statute-barred this Court is functus officio.
“The affidavit evidence on both side shows that the premises which is the subject matter of this action has been in occupation by the Applicant from about 1964.”

Foiled development…
In his life time, Pa Fashina tried unsuccessfully to get the Lagos Government to lift their siege on his property to enable him rehabilitate it.
According to Mrs. Osomo, “We want to renovate the buildings on the property but the action by the Lagos State Government has hindered us greatly. We want the government to respect the rule of law. They are causing us grave harm, as responsible citizens of the state and country.”

– ThisDayLive