The Lagos State High Court, Epe Judicial Division is witnessing an influx of land matters involving top notchers in Lagos State in particular and Nigeria in general.
Already there are claims and counter-claims over the possession of the vast expanse of land at Oko-Orisan Village in Epe Local Government Area of Lagos.
On the one hand, there are claimants representing the Okuwobi Family of Oko Orisan Village including the Baale of Oko-Orisan Village, Chief Adenusi Michael , Mr. Olusegun Adesanya , Mr, Akamo Adesina, Mr Ologunlado Wasiu, Mr. Adewale Adenuga, Mr. Moliki Salisu, Alhaji Agbaje Bakai and Mr. Tajudeen Alogba.
They instituted Suit No. EPE/12869/LMW/2022 against Alhaji Moshood Oni-Orisan and two others, namely Ms. Abisola Oni-Orisan and Ms. Joko Oni-Orisan at the Lagos State High Court, Epe Judicial Division in respect of the land at Oko-Orisan Village in Epe Local Government Area of Lagos.
The Governor of Lagos State, The Attorney General of Lagos State, Hon. Justice G.A. Oguntade JSC (RTD), HRH, Oba Kamarudeen Animashaun (The Oloja of Epe), Landmark Corporate Realty Ltd, Harmony Garden Estate Development Limited are among the Defendants named in the counter-claims of the Oni-Orisan family.
The suit was filed sometime in 2022 at the Epe High Court.
The Oni-Orisan Descendants family as represented by the Defendants briefed Dr. Benson Enikuomehin, of Benson Enikuomehin & Co, legal practitioners to handle the matter for their family.
The legal team which comprises 8 lawyers led by Benson Enikuomehin, who has now filed a 232 paragraph statement of Defence and counter claims at the Epe High Court.
The Defendants are contending that the 1st Claimant (Chief Adenusi Michael) is not the Baale of Oko-Orisan Village in Epe Local Government Area of Lagos State. They asserted that there are two Obas in Epe Local Government, The Olu of Epe, Oba Shefiu Olatunji Adewale Bamgbopa Eshinlokun 1 and the Oloja of Epe, Oba Kamorudeen Ishola Animashaun, insisting that Oba Eshinlokun, as the consenting authority, installed Chief Opeoluwa Akindehinde A. Oni-Orisan as the authentic Baale of Oko-Orisan Village on the 26th December, 2015 and a certificate of appointment was issued to that effect in 2015. The said Chief Opeoluwa Akindehinde A. Oni-Orisan also took oath of office as Baale of Oko-Orisan Village before Oba Shefiu Olatunji Adewale Bamgbopa Eshinlokun1, Olu Epe of Epe Kingdom on the 26th December, 2015 at the palace of Olu Epe.
The defendants contended that the conferment of the Baaleship on Opeoluwa Akindehinde A. Oni-Orisan of Oko Orisan Village was duly reported by the media and was not contested or challenged either by the 1st Defendant or the Oloja of Epe, Oba Kamorudeen Ishola Animashaun for the past 8 ½ years.
The Defendants deny paragraph (2) of the Statement of Claim and state that the 2nd, 3rd, 4th, 5th, 6th, 7th and 8th Claimants are not accredited principal members of Oko Orisan Village in that they are not from the lineage of Oni-Orisan who founded Oko Orisan many years ago.
The Defendants admit paragraph (3) of the Statement of Claim in part and state that the address of the Defendants family is at No. 21 Iga Idunganran Street, Isale Eko, Lagos Island and not 21, Oni Street, Oju-Olobun, Lagos Island, Lagos.
The Defendants admit paragraph (4) in part and state that the entire Oko Orisan Village along Lekki-Epe Expressway is solely and entirely that of Oni-Orisan descendants’ family.
The Defendants deny the averments in paragraph 5 and stated that Adenugba Adenubosi was not the founder of Oko Orisan Village stating that the . The founder of Oko-Orisan village was Chief Oni-Orisan who is the progenitor of the Defendants. The Defendants state that contrary to the assumptions propounded by the Claimants in paragraph 25 of the Statement of claim, the Oni-Orisan family state that they reside at Isale Eko and own the farm land at Oko-Orisan which is named after their progenitor who founded the land and settled thereon. Defendants stated that Oko Orisan is their family farmland, that Chief Oni Orisan lived, died and was buried at Oko-Orisan. The defendants state further that one of the children of Oni Orisan by name Chief Albert Edward Oduntan Oni Orisan lived and farmed on the land. They stated that Chief Albert Oni Orisan was a great merchant who exported tobacco from the Oko Orisan farm and sold same to the Europeans in the late 19th century. That the Claimants are impostors who came as fishermen to live at the fringe of Oko Orisan land in order to do their fishing business. The Defendants deny paragraphs 6 (a-c) of the Statement of Claim and will at the trial contend that the family of the Claimants were never made Baales of Oko-Orisan at any time and even till date. They claimed that contrary to the averments in paragraphs 5 (a & c) of the statement of claim, Oko-Orisan Village and Oju-Ota land together with Ota shrine were never founded and established by Adenugba Adenubosi insisting that it was Oni-Orisan, the progenitor of the Defendants who founded Oko-Orisan and established “Ota deity” at Oju-Ota in Oko-Orisan village.
Contrary to the averment in paragraphs 9, 10 and 11 of the Statement of claim, the Defendants state that the claimants do not have/own any land at Oko-Orisan which they could transfer interests to either MR. R.I. YINUSA OR JUSTICE G.A. OGUNTADE JSC (rtd) as alleged or at all. The Defendants state further the Claimants do not have any right whatsoever to draw up any survey plan with respect to the land. It is further the case of the Defendants that the Lagos State Government did not acquire any land belonging to the Claimants at the time of the construction of the Eti-Osa-Epe Road as alleged or at all.
The Defendants deny paragraph 12 of the statement of claim and state that the Oko-Orisan and Oju-Ota lands were acquired by the Lagos State Government in 1993 via the Acquisition Notice which was gazetted as No.20 in Volume 26 of the Lagos State of Nigeria Official Gazette dated 13th May,1993 and not in 1988 as alleged by the Claimants. Defendants plead the said Gazette. It is also the case of the Defendants that the Claimants do not have any lands either at Oko-Orisan or Oju-Ota which the Lagos State Government could acquire.
The Defendants further state that the claimants did not have any possessive rights over any land at Oko-Orisan and Oju-Ota for which they could apply for excision from the Lagos State Government.
The Defendants deny the facts contained in paragraphs 13, 14 and 15 and state that the Claimants do not have/own any land at all at Oko-Orisan for which the Lagos State Government could grant them excision of 22.618 Hectares of land as alleged.
The Defendants state further that the said 22.618 Hectares of land excised were actually released to the family of the Defendants by the Lagos State Government.
The Defendants state further that the 22.618 Hectares gazetted in the Lagos State Official Gazette No. 38 Vol 27 dated 27th October, 1994 at page 423 was meant for Oko-Orisan Village only and not Oko-Orisan and Oju-Ota together.
The Defendants further statde that the Okuwobi family has no land in Oko-Orisan that will entitle them to make the alleged Okuwobi Family layout with respect to any part of Oko-Orisan Village.
The Defendants deny paragraph 16 of the Statement of Claim and state that persons/companies that bought land from the predecessors of the claimants had been successfully challenged at different High Courts of Justice in Lagos and the Court of Appeal and that judgements were given in favour of the Defendants’ family by the courts.
The Defendants stated that paragraph 24 (p) of the Statement of Claim is true to the extent that the family of the Defendants met with some persons at the office of Justice Oguntade sometime in 2022. At the meeting, the Defendants presented copies of the Judgements they obtained against people or companies that the claimants family purportedly transferred Defendants family land to. Defendants state that the Claimants did not produce any documents that entitled them to the ownership of the land.
The Defendants stated that in 1993, the Lagos State Government acquired their family land, Oko-Orisan and Oju-Ota via the Acquisition Notice which was gazetted as No.20 in Volume 26 of the Lagos State of Nigeria Official Gazette dated 13th May,1993.
Through agitation and representations to the government, the Lagos State Government in 1994 via her Lagos State of Nigeria Official Gazette, No.38 Volume 27 dated 27th October, 1994 at page 423 excised 22.618 hectares of land to the Oni-Orisan family out of the large expanse of lands that were acquired.
The Excision Gazette described the land as “Okun-Orisun” Village. The pillars which began with PBP5162 and ended at PBP 5180 with coordinates 726844.460 Metres North and 604528.527 Metres East of UTM (zone 31) origin were well described. Defendants plead the Certified True Copy of the Lagos State of Nigeria Official Gazette No.38 Volume 27 of 27 October, 1994.
The Defendants stated that Oko-Orisan was mistakenly spelt in the said Gazette as “Okun-Orisun” and that the beacons and bearings stated in the Gazette fall within the Oko-Orisan land which belongs to the Oni-Orisan family.
They said that the 22.618 hectares of land excised by the Lagos State Government to the Oni-Orisan family at Oko-Orisan fall within the expanse of land the family possesses as shown on the perimeter survey of the land drawn on the Survey Plan No. KAD/0854/39/2010/LA prepared by K.A. Lawal, a registered Surveyor dated 28/04/2010 .
They further claimed that pursuant to the judgment delivered by the Court of Appeal in Appeal No: CA/L/ 816/2017 in favour of the Defendants family, the Defendants have transferred their interest to purchasers of value and also entered into agreement with third parties for joint venture development purposes. The Defendants’ family entered into Joint Venture Agreement with a company by name, 2B5M (NIGERIA) LTD in 2020 to develop the Oju-Ota Land.
The Defendants stated that their family also own the other side of the land divided by the Lekki-Epe Expressway which is known as and called “Oju-Ota”. The expanse of land at Oju-Ota was subsequently acquired by the Lagos State Government for housing scheme which falls within the Oni-Orisan family land which is known as Oju-Ota.
They further stated that the Lagos State Government in an Official Gazette, No.47 Volume 40 of 28th June, 2007 at page 326 excised 15.3 Hectares of land to the family of the Defendants. Defendants plead and rely on the Certified True Copy of the Gazette granting excision of the land to the family.
The Defendants stated that both at Oko-Orisan family land and Oju-Ota land, three (3) judgments of courts of competent jurisdictions were delivered in favour of the Defendants against persons that the predecessors-in-title of the Claimants allegedly transferred their interest to.
The defendants stated that the Claimants are the ones who have refused, failed and neglected to abide by the rule of law in failing to obey the judgements of the court of competent jurisdiction delivered against them in the 3 judgements referred to earlier.
The Defendants stated that the action of the Claimants is misconceived, misconstrued and a calculated attempt to surreptitiously take over the vast expanse of land belonging to the Defendants’ family and upturn the judgments delivered both by the High Courts in Lagos State and that of the Court of Appeal (that was not appealed against) against them and their cronies.
The Defendants stated that the claims of the Claimants were embarked upon to re-litigate issues already well settled by courts of competent jurisdictions and they are calibrated only to harass, intimidate, annoy and irritate the Defendants.
The Defendants/Counterclaimants restated t the facts as contained in the Statement of Defence from paragraphs 1-100 and counterclaim against the Claimants and Defendants to Counterclaim as follows:
That the land known as Oko-Orisan which is owned by the Descendants of Oni-Orisan (Oni-Orisan is the 1st settler and founder of Oko-Orisan) was partitioned into two by reason of the construction of Lekki-Epe Expressway.
That the two sections to which Oko-Orisan land has been divided are:
a. Oko Orisan Village and
b. Oju-Ota land
The Defendants/Counterclaimants stated that while Oko-Orisan Village has been surveyed as shown on the Survey Plan No. KAD/0854/39/2010/LA prepared by K.A. Lawal , registered Surveyor dated 28/04/2010 which parcel of land measures approximately 1047.043004 Hectares (2587.2431 Acres) in dimension with beacon nos.
SC/LAC2444AC-SC/LAC2445AC-SC/LAC2446AC-SC/LAC2447AC-SC/LAC2448AC-SC/LAC2449AC/SC/LAC2450AC-SC/LAC2451AC-SC/LAC2452AC-SC/LAC2453AC-SC/LAC2454AC-SC/LAC24555AC-SC/LAC2456AC-SC/LAC2457AC-SC/LAC2458 and SC/LAC2459AC with coordinates 7300356.930mN and 600503.310mE. they added that the entire Oju-Ota lands on the other hand have not been surveyed.
They stated that a large portion of the Oju-Ota land was acquired by the Lagos State Government for Housing Scheme. The Lagos State Government, however, has not paid any compensation whatsoever to the Oni-Orisan family.
The defendants noted that sometime in 2011, a company called China Harbour Company Ltd, trespassed on their family land at Oju-Ota. All efforts to locate the offices of the company at the initial stage proved abortive. The Defendants’ predecessors instituted an action in Suit No. M/762/11 between Mr. Sikiru Oni-Orisan & 4ors vs. China Harbour Company Ltd. The Suit was brought pursuant to Order 53, Rule 2 of the then Lagos State High Court (Civil Procedure Rules) 2004 of the State. Judgement was delivered in favour of the Defendants’ predecessors (who were Claimants in the Suit) on the 29th day of March, 2012 by Honourable Justice I.O. Harrison (Mrs.) sitting at Court No.45, Land Division Lagos.
They noted that the judgement delivered by Hon. Justice I.O. Harrison (Mrs.) in March, 2012 in the Suit No. M/762/11 referred to above was not appealed against by either the Claimants or the said company.
That both at Oko-Orisan family land and Oju-Ota land, three (3) judgments of courts of competent jurisdictions have been delivered in favour of the Oni-Orisan family against persons that the predecessors of the Claimants herein allegedly transferred/sold Oni-Orisan family land to. Pursuant to the judgments delivered by both the Court of Appeal in Appeal No: CA/L/ 816/2017 in favour of the Defendants family and the judgment of Hon. Justice I.O Harrison in Suit No: M/762/11 the Defendants transferred their interest to purchasers of value and have also entered into agreement with third parties for joint venture development purposes. The Defendants’ family entered into Joint Venture Agreement with a company by name, 2B5M (NIGERIA) LTD in 2020 to develop the Oju-Ota Land.
They stated that the Claimants have refused, failed and neglected to obey the judgements of the court of competent Jurisdiction delivered against them in the three judgements .
That the action of the Claimants is misconceived, misconstrued and a calculated attempt to surreptitiously take over the vast expanse of land belonging to the Oni-Orisan Descendants’ family and upturn the judgments delivered both by the High Courts in Lagos State and that of the Court of Appeal (which was not appealed) against them and their cronies.
It was revealed that the Lagos State Government had in 1993 in the Lagos State Government Global Acquisition Notice No. 20 in Vol. 26 of May 13, 1993 acquired the Land for overriding public purposes. Some parts of the land were excised to the Oni-Orisan family in 1994 via the Lagos State of Nigeria Official Gazette No. 38, volume 27 on the 27th of October, 1994. The expanse of land acquired by the Lagos State Government at Oko-Orisan Village was about 1,047 Hectares (2,587Acres).
An additional expanse of land which measures about 2,000 Hectares was also acquired from the family land at Oju-Ota.
It was with this mindset that the Claimants commenced a suit to re-litigate on the judgment delivered by the Court of Appeal in 2018.
They added that the Oni-Orisan family hired the services of Dr. Benson Enikuomehin of counsel to intimate and draw the attention of the Lagos State Government to the fact that the Land which was said to have been acquired for overriding public interest is now being diverted for other purposes different from the purposes stated in the Acquisition Notice. On November 16, 2022, the solicitors to the Oni-Orisan family Dr. Benson Enikuomehin (FCPA) wrote to the Lagos State Government through the office of the Attorney General of Lagos State drawing the Government attention to the fact that the purpose for which the vast land for Oni-Orisan was acquired is now been use for other purposes.
They said that on October 25th,2022, the Oni-Orisan solicitor, Dr. Benson Enikuomehin wrote to the 3rd Defendant to the Counterclaim drawing his attention to the encroachment on the Oni-Orisan family land at Oko-Orisan and urging that meeting be held to peacefully resolve the issue.
They said that the acts of trespass of the 4th Defendant to the Counterclaim were noticed sometimes in the early part of 2022 and that when all moral persuasions and warnings were rebuffed by officers of the 4th Defendant to the Counterclaim, the family instructed Dr. Benson Enikuomehin of counsel to write to the Managing Director of 4th Defendant to the Counterclaim on the act of trespass on the family land. The family again instructed the solicitor to write another letter dated November 2nd, 2022 on the subject matter.
They said, in response, on 25th November, 2022, the 4th Defendant wrote an unsigned letter to the family solicitor in which they asserted that the land upon which they trespassed was allocated by the Lagos State Government to their predecessor in-tittle who has now transferred same to them.
The matter was thereafter put before Hon. Justice W. Animahum sitting at Court 1 in Epe.
The family of Oni-Orisan has alleged that the Lagos State Government rather than using the land for OVERRIDING PUBLIC PURPOSES, has now begun to allocate the land to the various Defendants named in the counter claims for their private uses. The family has said that Section 28 of the Land Use Act, 1978 does not authorise the government to acquire their family so as to allocate same to individuals and corporate organisations for the private uses
The Lagos State Government has been accused of refusing to pay compensation to the family since the acquisition of the land more than 30 years ago!
The Oni-Orisan family through their lead counsel, Dr. Benson Enikuomehin , FCPA has filed more than 30 exhibits (including aerial view survey of the land) before the Court. The family is seeking for more than 20 Declarations, Orders, Damages against the Lagos State Government and the 20 Defendants named in the Counterclaims.
The Oni-Orisan family had obtained 3 different judgements on the land up to the Court of Appeal against individuals and corporate organisations that had trespassed on the land before now. The judgements are parts of the exhibits before the Court.
The matter which came up on Monday , 21st of October, 2024 before Hon. Justice W. Animahum of Court 1, Epe has now been fixed for Tuesday, 10th of December, 2024 for the hearing of various applications.