Confusion as Lagos CJ Withdraws Case File, Halts Ikeja Land Dispute Hearing

Wale Igbintade

A decision by the Lagos State Chief Judge, Justice Kazeem Alogba, to withdraw the case file in a long-running land dispute before the Ikeja High Court has stalled proceedings, leaving parties confused and uncertain about when the suit will resume.

The development occurred before Justice Akin Savage of the Lands Division of the Ikeja High Court, where the suit between Nasco Town Limited (claimant) and Mr. Abiodun Ariori, the Chief Michael Mojisola Cole family, and others (defendants) was scheduled for hearing.

The case, filed in 2020, was the first on the court’s cause list and was expected to proceed.

However, just as proceedings were about to begin, Justice Savage announced in open court that the file had been withdrawn and was no longer before him.

“The Chief Judge has called for the file, and it is with him,” the judge said, adding that no explanation had been provided and that the court was awaiting further direction on whether the matter would be reassigned or returned.

When counsel to the claimant, Senior Advocate of Nigeria, Chief Anthony George-Ikoli, sought clarification, the court reiterated that it had not been informed of the reason for the withdrawal.

“The Chief Judge has the power to call for any file at any time. I do not have the authority to question his actions.

When the file is returned, we shall inform you,” Justice Savage said, before directing that the next case be called.

The withdrawal effectively stalled the hearing of the matter, which has faced procedural delays since its filing, including issues relating to service and pre-trial management.

Following the development, Chief George-Ikoli wrote to the Chief Judge seeking clarification on the status and purpose of the withdrawal.

In the letter, his chambers noted the case had not progressed significantly beyond the pre-trial stage and expressed concern over the indefinite suspension of proceedings.

The letter stated that the lack of clarity has created uncertainty among the parties, making it difficult to advise their client, particularly as no timeline has been provided for when the case will be heard or reassigned.

Nasco Town Limited also petitioned the Chief Judge, seeking an explanation.

In a letter signed by its Executive Coordinator, Dr. Mustapha Sulaiman, the company expressed concern over the sudden administrative action and the absence of prior notice to the claimant.

The company further raised concerns about what it described as unequal access to information regarding the withdrawal, noting that it was unaware of any petition or application that may have prompted the action.

Nasco stated it has been in possession of the disputed land since 1978 under a federal government lease and has carried out several developments on the property, including land reclamation and industrial use.

It added that part of the land was subleased to Michelin Tyres Limited in 1981 and that the area was later designated as a Free Trade Zone.

According to the company, the dispute escalated in 2018 when Mr. Ariori and members of the Chief Cole family allegedly entered the land with armed policemen and others, claiming to enforce a 1997 consent judgment.

Nasco, however, maintained that the judgment did not relate to the disputed parcel and had already been executed at a different location.

The company further stated that earlier litigation over the land was delayed due to difficulties in effecting service on the defendants, resulting in adjournments and procedural setbacks before the matter was properly instituted in 2020.

Against this backdrop, Nasco described the withdrawal of the case file as unexpected and urged the Chief Judge to clarify the reason for the administrative action, stressing the need for transparency and fairness.

The disputed land, registered as No. 25 at Page 25, Volume 81 of the Lagos State Land Registry and covered by Survey Plan No. JLS/23/78, remains the subject of ongoing litigation.

As of the time of filing this report, the Lagos State Judiciary had not issued any official statement explaining the withdrawal or indicating when the case might be reassigned.

The development leaves the matter in temporary limbo, with parties confused and awaiting further administrative direction on when the suit will be heard.