The Magodo II Homeowners’ Predicament

Nothing is as unsettling in all of humanity as seeing the prospect of one becoming homeless, particularly through eviction that could have been avoided. Homeowners and residents of Magodo Phase II are bracing themselves, as it is becoming likely that they may be forced into this ugly path through no fault of theirs. The homeowners bought land in this highly priced axis of Lagos State, not knowing the long history of litigation that is trailing it. Sixty five years ago, the then military government in Lagos State acquired the land from the original owners for ‘overriding public interest’. These aborigenes said they were not compensated but watched in utter disbelief when they started seeing the government petition the land for sale to their friends and associates. Their disagreement with the government over this alleged betrayal of trust compelled them to seek redress in the high court, which upheld their plea. The Lagos State Government approached the appellate court and lost to the original land owners. Six years ago, they lost to the original owners at the Supreme Court, which reached a judgement that 495 plots of land be given to the original land owners. Bennett Oghifo writes

According to those familiar with the invasion of Magodo II recently by a team of heavily armed policemen that accompanied bailiffs from the Lagos High Court, it was to take possession of the facility in accordance with the Supreme Court judgement.

The anti-riot policemen that accompanied the bailiff took strategic positions within the highbrow area, while some youths, apparently recruited by the Shangisha Landlords Association, the original landowners, moved from house to house inscribing “Possession Taken” on them.

It would be recalled that the then military government of Lagos State acquired the area for public use but later allegedly sold the land to government officials and their cronies, a situation which made the original owners, through Shangisha Landlords Association, to approach the high court for redress. The court then ruled that both parties should maintain the status quo in the area, but in disregard of the court order, the state government continued to sell the land.

The high court eventually, in its final judgment, ordered the state government to give the Association and its members 549 plots of land as a matter of “first priority”. Dissatisfied with the high court judgment, the government approached the appeal court which affirmed the judgment of the lower court on the matter and ordered that Lagos State should, as a matter of first priority, give back 549 plots of land to the original land owners in the Shangisha Landlords Association.

The matter went on to the Supreme Court which also affirmed the judgment of the lower courts. The Supreme Court judgment was handed down six years ago but the Lagos State Government refused to execute the judgment.

Meanwhile, many of the landlords said they bought their land from the Lagos State Government, adding that they were not aware of any litigation on the land when they bought and that they were given certificates of occupancy (CofO).

On the ugly situation, the Lagos State Government issued a statement, signed by the state Attorney General and Commissioner for Justice, Mr Moyosore Onigbanjo SAN, condemning the execution of the Supreme Court’s judgement.

In the statement titled, ‘Illegal Enforcement of Judgement by Shangisha Landlords Association in Re SC/112/2002 between Military Governor of Lagos State & ORS v Chief Adebayo Adeyiga & ORS’, the government said the declaratory judgment of the Supreme Court only recognised 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.”
The full statement reads: 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.

“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 wherei“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.
“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.

“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.

“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.

“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.

“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.

“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.

“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.

“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.

“The State Government enjoins the general public to remain calm especially Residents of Magodo Residential Area, while investigation into the unwarranted incident is being carried out with a view to prosecuting any person found culpable. The Lagos State Government has the high regard for the rule of law and will protect the interests of all parties.”

Following developments after the execution of the Supreme Court Judgement, where some alleged frivolous CofOs surfaced in Magodo GRA Phase 2 in Lagos, compelling the original owners of the land to petition the Economic and Financial Crimes Commission (EFCC).

Chairman of Shangisha Landlords Association, Chief Adebayo Adeyiga told journalists of this new development, while reacting to reports by Magodo Residents Association that it was not aware of the Supreme Court judgement mandating the Lagos State Government to return 549 plots of land to the original owners of the area.

Chief Adeyiga stated that any CofO issued after 1998, after the judgement was passed is null and void. “We are aware that Governor Babatunde Fashola did not sign any C-of-O nor did Governor Ambode, following the judgement.
“So, how did the present occupants of Magodo get the C-of-Os? We have done our audits and have found over 600 C-of-Os that are fraudulently obtained.”

The Chief Adeyiga-led Landlords Association of Shangisha in addition, wants the supreme court to make a pronouncement that will enforce the execution and possession of their land. The Shangisha Landlords Association said the claim by the Magodo Residents Association that it was not aware of the judgment reached in 2012 was untrue, adding that the Lagos State Government that sold the land to them, was fully aware of the Supreme Court judgement.

Pa Adeyiga said, “Civil Servants in collaboration with some government officials fraudulently acquired the land in the course of the legal battle to reclaim the land.
“We will not take responsibility for their lack of due diligence before purchasing the land.” He said a former Governor of Lagos State, Sir Michael Otedola had instructed the Civil Servants “to give us our land, but this was ignored. After obtaining the Supreme Court judgement, the Magodo Residents Association declined to pay ratifications which is the practice all over.”

Adeyiga added that when the land was under litigation, the state’s Ministry of Physical Planning and Urban Development was also a party, and as such, it cannot issue a building approval. Regardless, he said almost 600 buildings inside Magodo have building approvals. “There is no doubt that all these buildings did not exist in the face of the law.

“Also, if the residents association claims to have gone to court and secured an order of status quo, why should they continue to build and sell lands when the entire land is a subject of litigation?

“If you go into Magodo today, you will see that constructions are still going on and the Magodo Residents Association has continued to deny us the benefits of our Supreme Court judgement while they continue to make money.”

The Shangisha Landlords’ Association is asking, among other things, that the EFCC probe the illegal CofOs issued in Magodo regarding over 500 illegal buildings.
He said, “We don’t have any problem with Governor Babajide Sanwo-Olu who is ready to give us back our land but with the Civil Servants that have usurped our land and telling the Governor that there is no more land.”