In this report, Sunday Ehigiator chronicles how heavily armed policemen from the newly formed Special Weapons and Tactics team, formerly known as Special Anti-Robbery Squad, invaded Ikeja Saddle Club, Lagos, for takeover, while providing cover for landgrabbers to demolish the properties, despite an appeal and motion for a ‘stay of execution’ over the property, still pending at the Supreme Court of justice
Situated at Isheri Road, off Olowora, Ojodu Berger area of Lagos State, the Ikeja Saddle Club has not only been a delight of tourists, but home to all with passion and love for horses, and likewise enjoy having a good time together.
However, the place is no longer ‘Uhuru’ after being destroyed and taken over by heavily armed policemen from the Special Weapons and Tactics
(SWAT) team unit who now also, fills their belly with every eatables and drinkables recovered at the club therein.
The Invasion
Narrating the incident, Solicitor to the Ikeja Saddle Club, Femi Okunnu, in a petition dated September 24, 2021, addressed to the Assistant Inspector General of Police, Zone 2, Onikan, AIG Johnson Kokumo, described the incident as an unlawful invasion.
He said the heavily armed and stern looking policemen alongside other no-nonsense armed men in plain clothes without warning, invaded and took over the entire property in the early hours of Friday, September 24, 2021.
He said the officers refused to disclose where they were from and who sent them to invade his client’s land, but angrily responded that they were sent to take over the land without fail and nobody could stop them or remove them.
“Like in a movie, they rounded up all the staff including the grooms who were feeding and tending to the horses in their stable. They arrested four members of our client’s staff, chased away the remaining workers.”
He said the policemen equally took some staff of the club away to an unknown destination even as they systematically began to destroy the properties.
Okunnu explained that: “They removed the roof of the reception area, brought in chainsaws and started cutting and felling down trees in the compound.
“They were boasting that they were bringing in bulldozers to completely pull down the club house, reception area and other buildings on the land and bring down and uproot all the trees on our client’s land.
“It was much later in the day that our client’s got to know that the policemen were from the office of the Assistant Inspector General of Police Zone 2, Onikan, when the Investigating Police Officer (IPO) Opue Aju spoke through the mobile telephone line of one of the employee of our client who was taken away earlier in day, spoke to our client.”
Accusations
Okunnu accused the Ikumoworo Family, led by one Princess Josephine Momoh of being the mastermind of the invasion of the property.
He said Momoh “claimed to have secured a judgment of the High Court of Lagos State, delivered by Honourable Justice Candido Johnson on May 3, 2016 in a Suit No.1D/1352/2001.
“They claimed that the judgment of the High Court, Lagos declared them owners of the said land and that the said judgment has been affirmed by the Court of Appeal in a Judgment delivered on November 14, 2019.
“Further that they have sold the area of land being occupied by our client to one Alhaji who could not take possession of the property because our client is on the land.”
The Prayers
Okunnu therefore informed the AIG that the area of land being claimed by the Ikumoworo Family was part of the 1969, 7300 Acres Global Acquisition of the Lagos State government.
“Specifically, the land which is the subject matter of the petition is within the Omole Phase II, Scheme of the Lagos State government, Isheri, in the Ikeja Area of Lagos State.”
He said the entire land covered by the 1969 Global Acquisition was state owned land and property of the Lagos State government, and on the application of their client made around June 1974, the Lagos State government, on July 8, 1975, allocated a parcel of land at Olowora, near Isheri, to the Ikeja Saddle Club.
“Our client immediately took possession of the parcel of land and has been in possession till date.
“Our client subsequently applied for and was issued a Certificate of Occupancy (C of O) dated February 4, 1997 registered as number 95 at page 95 in volume 1997A of the Lagos State of Nigeria Land Registry Office, Ikeja. A copy of the C of O is attached as Annexure 1.”
Okunnu further informed the AIG that there was an appeal to the Supreme Court coupled with a motion for a stay of execution pending at the Supreme Court over the property.
“The law is settled that when there is an appeal as well as an application for stay of execution or an injunction to restrain the execution and or enforcement of the judgment all steps towards executing and or enforcing the judgment ought to be put on hold pending the determination of the appeal.”
He said when the appeal came up on February 22, 2021, “the attention of the Supreme Court was drawn to the attempts made by the Ikumuworo Family and Princess Josephine Momoh to enforce and execute the judgment in February 2020.
“The Supreme Court deprecated the actions of the Ikumuworo Family and Princess Josephine Momoh and warned them not to take any action that would present the Supreme Court with a fait accompli.”
Okunnu therefore urged the AIG to remove his men from their client’s land, stating that the matter was still a subject of appeal at the Court of Appeal, in Lagos and the Supreme Court of Nigeria.
“We also urge you to release the four employees of our client detained who were merely going about their legitimate business as they have committed no offence known to law.”
Okunnu likewise urged the AIG to intervene, and prevent the destruction of their client’s property, noting that such action may lead to a breakdown of law and order in the state.
Reaction
Reacting to the allegation, Counsel to Alhaji Adeoye, who is Mr. Olusegun Fabunmi, also a Senior Advocate of Nigeria (SAN), debunked claims that police officers forcefully took over the club, and also describe the claims in the petition to the AIG Zone 2, as “half-truths, loaded with falsehood.”
According to him, the law enforcement officers lawfully carried out lawful orders as pronounced by a competent court of law.
He said officers of the police force had last Thursday chased out the club from the land based on a petition written by the judgment creditor to the land, Alhaji Nurudeen Adeoye, who petitioned the Lagos State Special Task Force on Land Grabber over the land.
The lawyer explained that the police acted to preserve the property in the course of its investigation of a petition to the Lagos State Special Taskforce on Land Grabbers.
He explained that Justice Babajide Candide-Johnson of the Lagos State High Court on May 3, 2016 in Suit No 1D/1352/2001, declared Princess Josephine Momoh as the lawful owner of the property.
“The judgment was affirmed by the Court of Appeal on November 14, 2019, following which Princess Momoh – in the absence of an appeal, got a court order and was lawfully put in possession of the property by the court appointed Deputy Sheriffs on February 17, 2020.
“A Form O (Certificate of Execution of Warrant of Possession) was also handed over to Princess Momoh on February 18, 2020.”
He said Alhaji Adeoye bought the land from Princess Momoh after due diligence that it was without any encumbrance and that the judgment creditor was in full, lawful possession.
He alleged that sometime in September, the Saddle Club, which was not a party to the suit, returned to the land with soldiers and, without a court order, “illegally” chased away Alhaji Adeoye who was already in full possession.
“In order not to resort to self-help, Adeoye reported the matter to the Lagos State Special Taskforce on Land Grabbers which invited all the parties, including the police and the Lagos State government officials.”
Saddle Club, he alleged, could not present to the Taskforce any survey plan excluding the land on which the club was built, from the judgment.
Fabunmi added: “What they term as invasion, illegal repossession is an exercise by the police in furtherance of their investigation relating to his petition that, ‘these people are not allowing me to enjoy the fruit of my purchase, they are not supposed to be there because there is a Form O, which has been levied, writ of execution has been levied. They have been chased out. Why were they still there?
“So, whatever is ongoing is exercise of police right in the course of investigation, protecting the res of the investigation. Whatever is ongoing is exercise of Police right, in the cause of investigation, protecting the rest of investigation and the issue of threat to life of Alhaji Nurudeen Adeoye Oyetunde.
‘There is nothing on the face of it to show that Saddle Club has taken steps to set aside the Form O, or appeal as an interested party against the judgment of the Court of Appeal or of the High Court, haven been aware of the existence of those judgments.
“The most important thing is that there was no impediment against Alhaji Nurudeen Adeoye from buying that large parcel of land, which is 10 acres. If there was an impediment, he would not have bought it. That was why he went ahead and purchased the land and as of today, there is still no impediment restraining him from taking possession of the land,” he concluded.
