QMB battles Lagos, NTDA over planned takeover of Lekki land

Dispute over Lekki land – A proposal by the Lagos State Government, through its agency, New Towns Development Authority (NTDA) to convert the original use of a landed property located at Plot 8, Block 138, Lekki Peninsula Residential Scheme 1, Lagos State, known as NEPA Reservation for another use is raising some dust within the fast growing town.

The land, was said to be an extension of a landed property belonging to an entrepreneur, QMB Investments Limited, but designated as NEPA Reservation in a layout plan attached to the land’s Certificate of Occupancy (CofO) issued by the Lagos State Government.

But to resist the move and claim what it says belongs to it, the firm has approached a Lagos High Court for adjudication.

The legal battle followed contravention notices served on the firm by NTDA and the Lagos State Government titled ‘Important notice – illegal occupation of state land’.

Consequently, QMB Investments sued the New Towns Development Authority and the Attorney General of Lagos State, as first and second defendants respectively.

Only last month, a Lagos High Court ordered that parties in the suit should maintain status quo pending the determination of the suit. While Mr. Oluwemimo Ogunde (SAN), led others to represent QMB Investments Limited, Mr. Akinjide Bakare, a Deputy Director, Lagos’ Ministry of Justice, appeared for the state.

Going by the originating summons, the claimant wants the court to determine whether by the combined provisions of sections 1, 59, 60 and 102 of the Lagos State Urban and Regional Planning and Development Law No. 3 2010 (as amended), the first defendant and the Lands Bureau in the office of the Governor of Lagos State have the legal capacity and power to issue the contravention notices of 23rd April, 2015 and 4th May 2015 against it.

Also for determination is “Assuming but without conceding that the answer to questions 1 and 2 is in the affirmative, whether the portion of land opposite the Claimant’s plot (Plot 8, Block 138, Lekki Peninsula Residential. Scheme 1, Lagos State) known as NEPA Reservation in Plan No. LS/D/LA 516b constitutes Block 139, Lekki Peninsula Scheme 1, Lagos State in the Operative Development Plan contained in the claimant’s Certificate of Occupancy of 14th June, 1998?”

On the strength of these issues, QMB is asking the court to declare that having regard to the combined provisions of sections 1, 59, 60 and 102 of the Lagos State Urban and Regional Planning and Development Law no. 3 2010, the first defendant lacks the legal capacity and power to issue the contravention notice against it and as such the said contravention notice is invalid, illegal, null and void.

According to the claimant, the court should also declare that the state’s Land Bureau lacks the legal capacity and power to issue the purported contravention against it and as such the said contravention notice is invalid, illegal, null and void.

Further, QMB says “Assuming but without conceding that the notices issued by the defendants have been validly issued, a declaration that the portion of land opposite its plot is a NEPA Reservation as provided under the Operative Development Plan in Plan No. LS/D/LA 516b forming part of the its Certificate of Occupancy.

It also seeks a declaration that if the said Operative Development Plan is to be amended to convert the NEPA Reservation to Block 139, Lekki Peninsula, Scheme 1, Lagos State, legal procedures as set out by relevant laws must be followed.

The claimant, therefore seeks an order of perpetual injunction restraining the defendants whether by themselves, their servants, agents, privies or other representatives from using or permitting the user of the portion of land which is known and described as NEPA Reservation for any other purpose contrary to that description and purpose and, or sub-dividing the said portion of land into plots for use as residential, official, business or commercial premises or for any other use contrary to that which is contained in the Operative Development Plan.

In an affidavit and originating summons, QMB’s Head of Operations said: “Sometime in 2001, the claimant purchased a parcel of land described as Plot 8, Block 138, Leklti Peninsula Residential Scheme 1, Lagos State from one Abdulrasak Abiodun Davies, who derived his title from a Lagos State Certificate of Occupancy dated 14th June, 1998 and Registered as No. 17 at Page 17 in Volume 1998D in the Lands Registry Lagos.

According to her, pursuant to the said purchase, a deed of assignment was executed between her office and the vendor in April 2001 and the said deed of assignment submitted to the Lagos State Government for processing of Governor’s consent and registration.

However, due to the restriction on the Certificate of Occupancy dated 14th June 1998 and issued in the name of Abdulrasak Abiodun Davies, the claimant could only at that time use the land for residential purposes only, but thereafter applied for building approval and conversion from residential to mixed development in respect of the land, which was allegedly granted by the Ministry of Physical Planning via its letter dated 22nd April, 2003.

Following that was the granting of a Development Permit said was issued by the state’s Urban and Regional Planning Board Development Control Department.

According to the court paper, QMB’s application for Governor’s consent was not granted until 12th January, 2005 when the deed of assignment registered as No. 33 at Page 33 in Volume 2107 of the Land Registry Lagos, wherein Alhaji Abdulrasak Abiodun Davies transferred all his interest in the claimant’s plot to it was perfected.

It was stated that at the time the claimant purchased the land in 2001 up till 2005 respectively the Lagos State Government had not put in place the necessary infrastructure like access roads, drainages and other forms of support service necessary for enabling the claimant and all other plot owners in Block 138 to have full enjoyment of their plots. But to facilitate construction on its plot the Claimant said it had to take steps to construct an access road and a bridge linking its plot and the other neighboring plots to the Lekki-Epe Expressway. The construction job given to Absen Nigeria Limited was valued at above N12m, adding that, the project, was known to the defendants.

After the claimant completed construction of the office building on its plot, it gave the said building to one of its subsidiaries QMB Builders’ Mart Limited for use for its business.

QMB said it had quiet and peaceable enjoyment of the said access road, bridge and car park until sometime in 2011 when the defendants demolished the said access road and bridge but left the car park, claiming that the state promised to construct the access road to the claimant’s plot as shown in development plan No. LS/D/LA 516B and attached to die Certificate of occupancy registered as No. 17 at Page 17 in Volume 1998D which resulted in the commencement of the construction of Builder’s Mart road, which was alleged not to have been completed by the defendants.

However, QMB said it had to complete the road to enable it and members of the public have access its plot, which is being used by QMB Builders’ Mart Limited for commercial purposes.

Claiming to have reviewed the Development Plan, which the claimant claims not to be aware of, the defendants issued contravention notices on the claimant, now urging the court to declare null and void.