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From Adesuwa Tsan, Abuja
Winhomes Estate Global Services Ltd and its managing director, Ifeoma Okengwu, have approached the Lagos State High Court seeking an urgent injunction to halt the unlawful takeover of their land by the Federal Government, the Minister of Works, David Umahi, the Lagos State Government and Hitech Construction Company Limited.
Through an ex-parte originating motion, the estate developers, acting on behalf of themselves and hundreds of subscribers to the Winhomes Estate project, are asking the court to restrain the Minister of Works, the Attorney-General of the Federation, the Lagos State Attorney-General, the Governor of Lagos State and Hitech from entering, demolishing or converting their 18.838-hectare property in Okun-Ajah, Eti-Osa, Lagos State.
They are seeking an order for action to subsist until the defendants comply with the pre-action protocol stipulated under the Lagos High Court (Civil Procedure) Rules.
According to the documents, Winhomes alleged that the respondents had already begun illegally demolishing structures, erecting signboards, installing halogen lights and marking large areas of the disputed land. The affidavit said these actions were being taken to pave the way for the Lagos–Calabar Coastal Highway and a proposed train station despite the fact that there was no lawful revocation of the estate’s title or any compensation.
In a 28-paragraph affidavit deposed to by Abdullahi Mohammed, a litigation clerk at Bolanle Olugbani & Co, maintained that the land was backed by a valid Certificate of Occupancy (C of O No. 72, Volume 2006AC, dated December 1, 2006). They also said Lagos State previously issued a Right of Way Clearance confirming that the parcel does not fall within the coastal road alignment.
The affidavit alleged that, in spite of this, armed security personnel, soldiers, officials of the Federal Ministry of Works and workers from Hitech Construction Company, forcefully moved onto the land, where they commenced demolition and road works.
It further claimed that the takeover was executed with the involvement of “soldiers, men of the Lagos State Governor’s Office Task Force, thugs and officials of Hitech Construction.” The applicants stressed that they never transferred ownership of the land, never sold it to any of the respondents and did not issue any receipt or document to that effect.
Photographs of the demolished structures and the ongoing construction activities were attached to the court filings.
They further argued that unless the court intervened swiftly, the respondents’ actions would lead to the irreversible loss of the property and alter the land in ways that cannot be remedied by financial compensation alone.
An affidavit of urgency filed alongside the motion stated that signboards, halogen lights, generators and armed police guards had already been installed on the site.
In line with the Lagos Practice Direction on Pre-Action Protocol (2019), the applicants have also served a memorandum of claim on all respondents, including the Attorney-General of the Federation, signalling their intention to pursue full-scale judicial action once the mandatory notice period lapses.
The motion was filed by a legal team led by Lookman Fagbemi and Bolanle Olugbani, who are asking the court to order all parties to maintain the status quo pending the applicants’ full compliance with the mandatory pre-action notice period.
The matter is now expected to be scheduled for hearing. Officials of the Federal Ministry of Works, the Lagos State Government and Hitech Construction had not responded to enquiries as of press time.
