N21.5bn Lekki Peninsula Property: CASER Writes OSGOF, Demands Details on Intervention

Alex Enumah in Abuja

The Citizens Advocacy for Social and Economic Rights (CASER), in compliance with the Freedom of Information (FoI) Act, has formally, through digital/electronic PDF format, requested, through its letter to the Office of the Surveyor General of the Federation (OSGOF), to provide the public-interest organisation with details and information concerning its intervention in a Lagos property of approximately 13.067 hectares.

The property comprises Plots 5, 6, 7 and 8, Maiyegun Tourism Zone, Lekki Peninsula Scheme II, in Lagos.

According to CASER’s Executive Director, Mr. Frank Tietie, the property is covered by a Lagos State Certificate of Occupancy dated July 15, 1988 and is claimed by BraveMatt Property and Investment Limited.

Meanwhile, speaking with journalists on Tuesday in Abuja, the rights activist stated that Section 4 of the Freedom of Information Act (FOIA) requires a public institution to provide the requested information or communicate a reasoned refusal within seven days of receiving the application.

He said: “Failure to respond within the statutory period may be treated as a deemed refusal, whereupon CASER reserves the right to apply to the Federal High Court for judicial review and appropriate consequential orders.

“This request is intended to ascertain whether OSGOF acted within its lawful authority and with proper regard for the pending proceedings and subsisting order.

“CASER has not reached any conclusion regarding contempt, misconduct or criminal liability and the alleged acts amount to corrupt abuse of office on the part of any person”.

He stated that Bravett, a Property and Investment Company, bought the property from Industrial and General Insurance (IGI) PLC and 4H Nigeria Ltd.

As a public-interest organisation, he said CASER is committed to transparency, accountability, due process, respect for property rights and obedience to court orders.

According to him, the NGO has received information concerning the intervention of the Office of the Surveyor-General of the Federation (OSGOF) on the said property, adding that the property is the subject of proceedings before Hon. Justice R.O. Olukolu of the High Court of Lagos State.

He requested the pending proceedings and subsisting order raise serious public-interest questions about the legal and factual basis of any subsequent administrative intervention affecting the property.

“Accordingly, pursuant to Sections 1, 2, 3, 4 and other relevant provisions of the Freedom of Information Act 2011, CASER requests certified copies of the following records:

“The petition, application, directive or communication that prompted OSGOF’s intervention in relation to the property, including the identity of the person or organisation that initiated it.

“The date OSGOF commenced its intervention and the name, designation and role of each official involved.

“All records showing when and how OSGOF became aware of the pending court proceedings and subsisting order, including copies of the order received by OSGOF and any proof or acknowledgement of service.”

Tietie further reinforced his request for the internal memoranda, legal opinions, minutes, or correspondence considering the effect of the pending suit or court order on OSGOF’s proposed intervention.

“The statutory provisions, regulations, presidential directives, guidelines or other legal authorities relied upon by OSGOF to intervene in the dispute while the property was subject to pending judicial proceedings and a subsisting court order.

“All survey plans, maps, coordinates, charting reports, inspection reports, technical assessments and geospatial records received, prepared or considered in relation to the property.

“All competing survey plans, title documents or claims submitted by persons asserting interests adverse to BraveMatt.

“Records supporting any conclusion or representation that the property falls within a Federal Government setback, coastal highway right of way, shoreline, navigable waterway, federal land or other area subject to federal control, including the relevant gazette, acquisition notice, approved alignment, survey plan and coordinates.

“Minutes, attendance records, recordings and reports of every meeting or site inspection conducted in relation to the property.

“Correspondence exchanged between OSGOF, BraveMatt or its representatives; and Industrial and General Insurance Plc and 4H Nigeria Limited or their representatives”, he said.

He added: “Mr. Ramesh Kasangra or any company or representative associated with him, any serving or retired member of the Nigerian Armed Forces.

“The Lagos State Government or its agencies, the Federal Ministry of Works, the Presidency or any other federal institution and any other person asserting an interest in the property”.

The Rights Activist demanded that records showing whether BraveMatt was notified of OSGOF’s proceedings and allowed presenting its title documents, survey plans, court processes and objections before any finding or decision was made.

“Copies of every interim or final finding, directive, recommendation, approval or decision made by OSGOF concerning the property, including the reasons and legal basis for it.

“Records of any directive authorising or recommending entry upon, inspection of, survey of, possession of, construction upon, allocation, transfer or other dealings with the property.

“Records showing whether OSGOF took steps to ensure that its officials, agents and persons acting on its authority did not alter the property, disturb possession or otherwise interfere with the subject matter of the pending proceedings.

“Records of any fees or payments made to OSGOF in connection with the matter, including the payer, amount, purpose and official receipt.

“Any agreement, protocol or administrative arrangement between OSGOF and the Lagos State Government governing federal intervention in survey or land disputes within Lagos State.” Tietie, said.

CASER requests that the records be supplied electronically in searchable PDF format to: citizensadvocacy@gmail.com. Where electronic copies are unavailable, certified hard copies may be delivered to CASER’s address above.

If OSGOF considers any part of a requested record exempt, he said it should disclose the non-exempt portions and identify the particular record or portion withheld, the specific statutory exemption relied upon and the factual basis for applying the exemption.

According to him, where any requested record is held by another public institution, kindly transfer the relevant part of this request to that institution and notify CASER accordingly, he added.

He said: “In view of the pending court proceedings, OSGOF is requested to preserve all physical and electronic records relating to the property, including correspondence, internal memoranda, electronic messages, field notes, photographs, videos, geospatial data, metadata and records capable of electronic recovery.

“No relevant record should be destroyed, altered, concealed, overwritten or removed from official custody while the judicial proceedings or this FOI request remains pending,” He stated.