• Two businessmen lay claim to Amuwo Odofin land
By Oluseye Ojo
In Lagos State, Nigeria, conflicts over land ownership remain a persistent issue, often leading to protracted legal battles that point to the intricacies of the Nigerian land allocation system.
One of such battles is an ongoing one between Chief Amaechi Okoye and the Lagos State Government over a parcel of land in the Amuwo-Odofin area of the state. Chief Omololu Oguntayo is also involved in the legal battle.
Background of the dispute
The conflict dates back to December 1994, when Chief Amaechi Okoye, under the business name “John Jones Investment,” sought land allocation from the Lagos State Government to establish a petrol filling station at Amuwo-Odofin Commercial Scheme.
Following the application process, Okoye was granted a letter of allocation on March 10, 1995, for a plot measuring 2,051.37 square metres within the Amuwo-Odofin Commercial Scheme.
The allocation, marked LU/RES/95/AO/PFS/BL80, was designated under a 99-year lease, a standard procedure in real estate transactions across Nigeria.
On July 6, 1995, as directed by the Lagos State Government, Okoye paid the sum N112,291 and N625,235 to Lagos State Government on treasury receipt numbers L379734 and L379735 respectively, accepting the offer of allocation.
The two payments were said to be for processing and issuance of Certificate of Occupancy, capital contribution and all other sundry fees.
As stipulated in the allocation, Okoye was obliged to develop the land within two years. But the Lagos State Government reportedly did not issue a Certificate of Occupancy (C of O) for the land, which was necessary for him to proceed with the development of the property.
But Okoye took steps to secure the land by erecting a perimeter fence around it in order to effectively stake a claim to the land. The land is particularly described and delineated by Survey Plan No. LS/D/BG 2700A, which was prepared by the Surveyor-General of Lagos State dated September 29, 1995.
Enter Chief Oguntayo
However, in May 2004, there was a new twist to the matter when Chief Omololu Oguntayo was accused by Okoye to have trespassed onto the land, demolishing Okoye’s fence and erecting his structure in its place.
Oguntayo claimed that his own land allocation derived from Chief Adebayo Ebunlomo, which was processed as a residential plot, thereby asserting that Okoye’s claim to the land was invalid.
The assertion was accompanied by the claim that his predecessor had received an allocation specifically for a residential area, contradicting Okoye’s assertion of ownership based on commercial land designation.
Oguntayo contended that the property he occupied was marked as residential, stating that the property was never in a commercial layout in the record of Lagos State Government.
Okoye goes to court
Chief Amaechi Okoye, who was dissatisfied with the development, dragged Chief Omololu Oguntayo before Justice T.A.O. Oyekan-Abdullahi, of the High Courtof Lagos State.. In the suit, the Lagos State Government was the first defendant, with the Attorney-General of Lagos State as second defendant. Chief Omololu Oguntayo was the third defendant.
The plaintiff, in the case, prayed the court to declare him as the person entitled to the statutory right of occupancy of the plot of land, lying, situate, and being Block 80, Amuwo-Odofin Commercial Scheme, particularly described and delineated by survey plan number LS/D/BG 270A.
Okoye also sought an order of specific performance that would direct the Lagos State Government and Attorney-General of Lagos State by themselves, servants or agents or any person (s), however and whatever name so called, to issue the certificate of occupancy in respect of the land without further delay.
He also asked the court for a perpetual injunction restraining Oguntayo, his servants, agents, privies, or by whatsoever name so-called, from trespassing and of and, or further trespassing on the land.
Okoye further prayed the court for an order that would direct Oguntayo to remove the fence he erected by himself and rebuild the fence as erected by him (Okoye) before the destruction.
The plaintiff also asked the court to award N200,000 damages against Oguntayo for the trespass, as well as N500,000 special damages for wrongful and unlawful demolition of his fence.
Oguntayo’s defence
In his statement of defence, Oguntayo, through his legal representation, denied all the claims in the 15-paragraoh statement of claim. He averred that the property he occupies is not in a commercial layout in Block 80, but in a residential block, described as Block 77A, Amuwo-Odofin Residential Scheme.
He stated that the residential scheme was designed separately from the commercial scheme by the Lagos State Government and a petrol station would never be allocated within a residential block by the state government.
According to him, he derived his title from Chief Adebayo Ebunlomo, the original allottee of Block 77A, Amuwo-Odofin Residential Scheme through a Power of Attorney in 2004.
Oguntayo said Ebunlomo had applied for a residential ploy under the Amuwo-Odofin Residential Scheme, and was granted a provisional allocation by a Lagos State Government letter with reference number LU/98/AO/RES, dated July 9, 1998.
He noted that Ebunlomo granted a letter of confirmation of the provisional allocation via the Lagos State Land Use and Allocation Committee letter with reference number LU/98/RES]/AO/BL. 77A/PL. 1A.
Oguntayo also told the court that Ebunlomo paid the total sum of N421,025, which was fully paid for in instalments. He added that as usual of all legally allocated plots in Lagos State Residential or Commercial Schemes, his predefined title, Chief Adebayo Ebunlomo, was charged ‘Capital Contrib’ of N92,425.50 on the plot and the sum was paid on August 24, 2001.
He further stated that Ebunlomo applied for fencing permit from Lagos State Urban and Regional Planning Board on February 24, 2004, and the permit was granted by a letter, dated March 22, 2004.
Following the grant of fencing permit, Oguntayo said he entered the land to demolish an ‘illegal fence, marked for demolition by Lagos State Urban and Regional Planning Board with an official of the board supervising.
He added that “after demolishing part of the existing illegal fence, he constructed a solid fence with raft foundation on the land at a cost of N1, 360,000. He said on the second day of the construction of the fence, which was March 23, 2004, Chief Amaechi Okoye came, challenged, and stopped the works on the grounds that the land belonged to him.
Oguntayo stated further that he reported the matter to Chief Ebunlomo’s solicitors, Messrs Remu Atoyebi and Co, who immediately wrote a letter to the Executive Secretary, Land Use and Allocation Committee of Lagos State for a confirmation of the allocation.
According to him, himself with his solicitor and two representatives of Chief Amaechi Okoye had a meeting with the officers of the Land Use and Allocation Committee, where the documents of both parties were examined and all the parties came to the site together.
“The Scheme Officer for Amuwo-Odofin Housing Scheme told us all that the plaintiff’s allocation is strange and unknown to Lagos State Government as there is no petrol station on the government masterplan for Block 80,” he stated.
Oguntayo also said workers completed building his fence on the dispute land by middle of April 2004, and he placed a security man there.
He added that Messrs Remi Atoyebi and Co, solicitors to Chief Adebayo Ebunlomo, on April 13, 2004 applied to the Executive Secretary of Land Use and Allocation Committee on behalf of his client for clearance for the purpose of building plan approval. The letter was replied directly to the District Town Plannning Office, Amuwo-Odofin to whom Chief Ebunlomo had submitted his building plan for approval.
He stated that about the night of Saturday April 17, 2004, Chief Amaechi Okoye went to the site with some huge men, believed to be thugs and two mobile policemen suspected to have been picked up from a nearby police checkpoint, and demolished the fence with the security man on site watching from nearby.
According to Oguntayo, he reported the incident to the Festac Police Station in charge of the area, got Okoye arrested, and eventually granted police bail after which he had been charged to be of good behaviour.
He added that his predecessor-in-title, Chief Adebayo Ebunlomo, applied for the Government Certificate of Occupancy (C of O), and had been granted.
Oguntayo stated that the building plan approval, which Ebunlomo applied for, was granted by the Lagos State Urban and Regional Planning Board. The approved building plan number is DCB/4314/AM.
He then asked for a declaration that the plot, which he acquired from the original allotee, Chief Enunlomo, is a residential Plot 1A, located in Block 77A and measuring only 808.449 Square Metres, within the Amuwo-Odofin Residential Scheme of Lagos State Government.
Oguntayo also sought a declaration that the fence built by Okoye on the land is illegal as Okoye did not go through the normal process required to obtain necessary documents, such as fencing permit, clearance letter for building plan approval, and approval plan from Lagos State Urban and Regional Planning Board.
He further sought a declaration that Okoye is the trespasser when he came to the land on Saturday April 17, 2004, with thugs to demolish his fence, which was reported to the Festac Police Station.
Oguntayo asked for N250,000 damages against Okoye for trespassing on his plot of land. He also asked for another N1,370,200.00 special damages.
Reply to Statement of Defence
Chief Amaechi Okoye, in his reply to the statement of defence filed by Oguntayo, denied claims that the plot of land is in a residential scheme and he also denied claims that Chief Adebayo Ebunlomo is the original allotee of Block 77A through the power of attorney. He further denied that a petrol station cannot be built in the place.
He stated that the property subject-matter of the suit is a corner piece designed for such basic amenities like petrol station as in Festac and other schemes.
Okoye averred that his acquisition of the said property was not illegal because he satisfied all the requirements for such allocation and he was duly alloted the said property.
He stated that Oguntayo illegally came into his land, and took the corner piece portion, leaving the other portion extending to the posterior, which is still in his firm possession till date without any adverse claim whatsoever.
Okoye also said emphatically that his wall was never marked X for demolition, and that any purported photograph to establish such is untrue, maliciously mischievous and calculated to justify Oguntayo’s illegal entry into his lawful property.
He also noted that the Scheme Officer never told parties anything that his allocation is strange. He added that the Scheme Officer promised to verify Oguntayo’s allocation, which he (Okoye stated was a redesign of his survey plan by the former Surveyor-General.
Okoye also told the court that Oguntayo colluded with officers of the Ministry of Land to redesign his allocation and allot it to Oguntayo.
The trial
Trial commenced on March 24, 2011 and Chief Amaechi Okoye stood as a witness for himself. He tendered some documents before the court, including the letter of allocation dated March 10, 1995; receipts dated July 6, 1995; survey plan issued by government and dated September 28, 1995; photographs of the destruction of his fence; and a receipt with number 001212 from FAMS Enterprises dated November 17, 1995.
Under cross-examination, Okoye stated: Land was allocated in 1995. I fenced the land in 1985. I noticed in 2004 the encroachment. No Lagos State official was noticed during demolition. But I noticed them after.
“I invited the Lagos State and the Scheme Officer said it was Oguntayo who removed the pillar. I reported to Festac Police Station. While I was in the police station, I presented my own letter of allocation and the defendant brought his own allocation. But a week after, he presented a copy of a Certificate of Occupancy. I have no claim against the state government.
When the plaintiff’s case was closed, the defence was to be opened. The court held that several adjournments were sought by the defence counsel in a bid to have an out-of-court settlement
“However, due to the lackadaisical attitude showed by the defence counsel at defending their suit, the defence case was closed at a time when it was apparent that there were no witnesses and the counsel were not showing up as and when due,” Okoye argued.
It was the argument of the claimant’s counsel that even when one land was allocated to two parties, his client’s allotment took precedence . He added that allotment to Okoye was in March 1995, against what was averred by Omololu Oguntayo as being allotted in July 1998.
The judgment
On December 11, 2012, Justice T.A.O. Oyekan Abdullahi deliverd judgment in the case. The judgment read in part: “The instant suit is that of a double allotment wherein some land that is Block 80, Amuwo-Odofin Commercial Scheme. Lagos, was apportioned to two different people. The claimant was present throughout the duration of the case to give him own evidence. But reverse is the third defendant ‘s case. All that the third defendant filed was a statement of defence.
The court held that Okoye had been in possession of the land, and had fenced it round. The judge noted that Okoye’s evidence was neither challenged, contradicted, nor controverted.
The court, in the judgment, declared that the claimant is entitled to his statutory right of occupancy of the plot of land at Block 80, Amuwo-Odofin Commercal Scheme, particularly described and delineated by survey plan number LS/D/BG 270A.
The court ordered that the state government and Attorney-General of the state by themselves, servants or agents or any person must issue to Okoye the certificate of occupancy in respect of the land. The court also warned Chief Omololu Oguntayo from trespassing on the land. The judge then awarded N300,000 damages against the defendant.
Further developments
For years, Chief Okoye and his lawyers waited in vain for Lagos State to obey the ruling of the court, but lamented that the execution of the judgement was frustrated by officials of the state.
In September 2023, Chief Omololu Oguntayo went back to the High Court of Lagos State on the grounds that the judgment of Justice Oyekan Abdullahi, delivered in the case for injunction and damages was in respect of the property situate at Block 80 Amuwo-Odofin Commercial Scheme, and not on his property on Block 77A, Plot 1A Amuwo-Odofin Residential Scheme, Festac, Lagos State.
The second ground for the application was that the deputy Sheriff of the High Court of Lagos State wrongfully took possession of his property at Block 77A, Plot 1A Amuwo-Odofin Residential Scheme, Lagos, contrary to the contents of the judgment.
On April 24, 2024, Justice Atinuke Ipaye of the High Court of Lagos State delivered the judgment. The court upheld the first judgment delivered by Justice Oyekan-Abdullahi on December 11, 2012.
It held that Chief Omololu Oguntayo did not place cogent or compelling facts before the court to demonstrate that “he is entitled to the exercise of discretion in his favour as no material before this court to demonstrate that execution levied on the property does not belong to the judgment creditor and I so hold.”
The Second judgment also declared Okoye as the owner of the Block 80 at Amuwo-Odofin Commercial Scheme. The court, in the second judgment, noted that Oguntayo met a fence on the land and removed it before erecting his own fence on the land.
Aftermath of the judgments
But even after the judgements, there is still no respite for the land and for the two individuals claiming ownership.
Following the judgment, tensions remains high. The execution of the court’s decision has yet to be done.
In May 2023, reports emerged of armed individuals forcibly gaining entry into the property, which further complicated the status quo and leading to accusations of criminal conspiracy against Okoye and his associates before a magistrate court in Lagos.
But a new twist has been introduced to the case, which is before a High Court in Lagos State. It has to do with the genuineness or otherwise of documents obtained by Amaechi Okoye on the land.
The new case, marked: ID/2484C/2024, is between the Federal Republic of Nigeria as complainant, and Amaechi Okoye, Nnamdi Uyaelumo, and Gbenga Owoeye as defendants.
The Inspector-General of Police, via the Assistant Inspector-General of Police, Zone II, Onikan, Lagos, preferred seven- count charge against the trio. The alleged offences included conspiracy, forgery of letter of allocation and survey plan; as well as uttering of forged letter of allocation of land and survey plan;
The High Court of Lagos State, sitting in Ikeja, will determine the genuineness of the documents of both Chief Ameachi Okoye and Chief Omololu Oguntayo on the disputed land.
Oguntayo’s first lawyer speaks
Remi Atoyebi, the lawyer who initially handled the case for Chief Oguntayo, told Saturday Sun that the documents presented by the claimant, Okoye, to prove ownership of the land were not genuine, noting that has been the reason the case is now being prosecuted by the police.
Atoyebi held that it was the claimant who initially reported the case to police.
He explained that, at the beginning of the case, he filed a defence statement but did not pursue it further due to his client’s lack of interest in the matter.
He also revealed that his client holds a Certificate of Occupancy (CofO) for the land, which was issued to him by the Lagos State government, making him the rightful owner of the contentious land.
Atoyebi emphasised that the state government did not issue a CofO to the claimant because the claimant did not have valid documentation.
Lagos State Ministry of Justice keeps mum
When Saturday Sun contacted the Public Affairs Officer of the Lagos State Ministry of Justice, Grace Alo, to seek the response of the ministry regarding the matter which has dragged on for decades, the spokesperson for the ministry neither answered the calls nor responded to the message sent on the issue.