The Incorporated Trustees of Bolorunpelu Landlords and Residents
Association of Ibeju –Lekki Local Government Area of Lagos State
has instituted an action against ASSET & RESOURCE MANAGEMENT
COMPANY LIMITED ( ARM); TOLL SYSTEMS COMPANY LIMITED; CHIEF MUTAIRU
OWOEYE & COMPANY LTD; ALHAJI MUTAIRU OWOEYE AND MR. GANIYU
OWOEYE (A.K.A GARBA) in Suit No. EPD/6122LMW/18 filed before the
High Court of Lagos State, Epe Judicial Division, Epe.
The Community is asking for an order of court directing the
defendants to immediately vacate the claimants’ parcels of land as
described in their respective survey plans and restore all the
properties the defendants destroyed. The community is also asking
that N100,000,000.00 worth of damages be awarded in favour of the
claimants and against the defendants, jointly and severally for the
malicious destruction/ demolition of the claimant’s houses,
churches, factories and industries causing the claimants to suffer
untold hardship, loss of their business, homes and psychological
trauma.
The other reliefs sought are A DECLARATION that the unlawful
invasion of the claimants’ properties with dangerous firearms,
offensive weapons, malicious destruction/ demolition of the
claimants’ houses, churches, factories and industries without
lawful and valid court orders/ judgment by the 1st to 4th
defendants through the 5th to 8th defendants,
with the purpose of chasing the claimants out of their respective
parcels of land and annexed and fenced the annexed land, is
unconstitutional, illegal and unlawful; A DECLARATION that the
defendants’ use of force, violence, self-help, armed hoodlums to
secure entry into the claimants’ landed properties, and took over
the claimants’ landed property is unconstitutional, illegal and
unlawful; A DECLARATION that the continued occupation of the
claimants’ landed properties by the defendants of which the
defendants secured entry and fenced it, through use of force,
offensive weapons and firearms, violence, self-help, armed hoodlums
and took over the claimants’ landed property is unconstitutional,
illegal and unlawful.”
Tony Ezeani Esq, the legal representative of the community noted
that the Lagos State Properties Protection Law 2016 prohibits any
person from forcefully taking over any land and to enter any land
by violence.
“Alhaji Mutairu Owoeye and his son, Garba Owoeye (also known as
‘ajagungbale’) have been charged before Igbosere Magistrate Court
by the Police for the invasion and destruction of the claimants’
properties,” Tony added.
It would be recalled that in times past, many land grabbers have
resulted to the use of ‘ajagungbale’ in Lagos to obtain or recover
land. Many have lost their lives in the process while some have
been maimed for life and several more have been traumatized after
having their land seized and resold without a kobo for
compensation, not to mention those locked in a cycle of unending
court cases over trespass to their land.
“This practice of use of force or self-help or engaging in any
act inconsistent with the proprietary right of the owner to take
over any landed property has now become prohibited by virtue of
section 2 of the Lagos State Properties Protection Law.
Consequently, any person or group of persons who use force from the
commencement of the Law, or who has used force to take over a
landed property in the State before the commencement of the Law and
still remain in possession of the said property three (3) months
after the commencement of the Law commits an offence punishable by
ten (10) years imprisonment. Similarly, a person who, without
lawful authority, uses or threatens violence for the purpose of
securing entry into any landed property for himself or for any
other person commits an offence punishable on conviction to ten
(10) years imprisonment and such person’s right to possession or
occupation of the property shall not constitute lawful authority
for the use or threat of violence by him or anyone acting on his
behalf for the purpose of securing entry into that property
and this shall be irrespective of whether or not the violence is
directed against the person or against the property and the
violence is intended to secure entry for the purpose of acquiring
possession of the property or for any other purpose. In the same
vein, any person who makes forceful entry with firearms, effective
weapons or any obnoxious or chemical materials or is in company of
any person so armed or wounds or uses violence on any person
commits an offence and is liable on conviction to four (4) years
imprisonment. The Law goes further to prohibit a person from
placing or causing to be placed on any land or landed property, any
land agent(s) for the for the purpose(s) of forcefully taking over
the said land,” Tony noted.
The Incorporated Trustees of Bolorunpelu Landlords and Residents
Association of Ibeju –Lekki Local Government Area of Lagos State
has instituted an action against ASSET & RESOURCE MANAGEMENT
COMPANY LIMITED ( ARM); TOLL SYSTEMS COMPANY LIMITED; CHIEF MUTAIRU
OWOEYE & COMPANY LTD; ALHAJI MUTAIRU OWOEYE AND MR. GANIYU
OWOEYE (A.K.A GARBA) in Suit No. EPD/6122LMW/18 filed before the
High Court of Lagos State, Epe Judicial Division, Epe.
The Community is asking for an order of court directing the
defendants to immediately vacate the claimants’ parcels of land as
described in their respective survey plans and restore all the
properties the defendants destroyed. The community is also asking
that N100,000,000.00 worth of damages be awarded in favour of the
claimants and against the defendants, jointly and severally for the
malicious destruction/ demolition of the claimant’s houses,
churches, factories and industries causing the claimants to suffer
untold hardship, loss of their business, homes and psychological
trauma.
The other reliefs sought are A DECLARATION that the unlawful
invasion of the claimants’ properties with dangerous firearms,
offensive weapons, malicious destruction/ demolition of the
claimants’ houses, churches, factories and industries without
lawful and valid court orders/ judgment by the 1st to 4th
defendants through the 5th to 8th defendants,
with the purpose of chasing the claimants out of their respective
parcels of land and annexed and fenced the annexed land, is
unconstitutional, illegal and unlawful; A DECLARATION that the
defendants’ use of force, violence, self-help, armed hoodlums to
secure entry into the claimants’ landed properties, and took over
the claimants’ landed property is unconstitutional, illegal and
unlawful; A DECLARATION that the continued occupation of the
claimants’ landed properties by the defendants of which the
defendants secured entry and fenced it, through use of force,
offensive weapons and firearms, violence, self-help, armed hoodlums
and took over the claimants’ landed property is unconstitutional,
illegal and unlawful.”
Tony Ezeani Esq, the legal representative of the community noted
that the Lagos State Properties Protection Law 2016 prohibits any
person from forcefully taking over any land and to enter any land
by violence.
“Alhaji Mutairu Owoeye and his son, Garba Owoeye (also known as
‘ajagungbale’) have been charged before Igbosere Magistrate Court
by the Police for the invasion and destruction of the claimants’
properties,” Tony added.
It would be recalled that in times past, many land grabbers have
resulted to the use of ‘ajagungbale’ in Lagos to obtain or recover
land. Many have lost their lives in the process while some have
been maimed for life and several more have been traumatized after
having their land seized and resold without a kobo for
compensation, not to mention those locked in a cycle of unending
court cases over trespass to their land.
“This practice of use of force or self-help or engaging in any
act inconsistent with the proprietary right of the owner to take
over any landed property has now become prohibited by virtue of
section 2 of the Lagos State Properties Protection Law.
Consequently, any person or group of persons who use force from the
commencement of the Law, or who has used force to take over a
landed property in the State before the commencement of the Law and
still remain in possession of the said property three (3) months
after the commencement of the Law commits an offence punishable by
ten (10) years imprisonment. Similarly, a person who, without
lawful authority, uses or threatens violence for the purpose of
securing entry into any landed property for himself or for any
other person commits an offence punishable on conviction to ten
(10) years imprisonment and such person’s right to possession or
occupation of the property shall not constitute lawful authority
for the use or threat of violence by him or anyone acting on his
behalf for the purpose of securing entry into that property
and this shall be irrespective of whether or not the violence is
directed against the person or against the property and the
violence is intended to secure entry for the purpose of acquiring
possession of the property or for any other purpose. In the same
vein, any person who makes forceful entry with firearms, effective
weapons or any obnoxious or chemical materials or is in company of
any person so armed or wounds or uses violence on any person
commits an offence and is liable on conviction to four (4) years
imprisonment. The Law goes further to prohibit a person from
placing or causing to be placed on any land or landed property, any
land agent(s) for the for the purpose(s) of forcefully taking over
the said land,” Tony noted.