Allegation of Acquisition of Fraudulent Governors Consent: Let Police, Court Decide, SAN Tells Lagos Assembly, Speaker

Senior Advocate of Nigeria (SAN) Dr. Kemi Pinheiro has advised the Lagos State House of Assembly and its Speaker Rt. Hon. Mudashiru Obasa not to unlawfully interfere in law enforcement investigation of allegation of crime and judicial determination of dispute regarding ownership of land in pending court proceedings over property situate at No. 47, Old Ogba Road, Near M.K.O Abiola Market, Agege, Lagos State.

Dr. Pinheiro, of Pinheiro LP, faulted the Assembly’s Letter of Invitation of 5th November 2024, inviting the law firm’s clients Mr and Mrs Olugbenga Edwards Ayo-Odugbesan before the Assembly, saying the lawmakers were attempting to violate the constitutional requirement of separation of power, by usurping the executive functions of the police and judicial functions of the courts hearing the matter.

Consequently, the senior lawyer said he had advised his clients to, in the interest of the rule of law, not to attend the meeting so they would not be held in contempt of court.

Pinheiro gave the advice in a November 6, 2024, letter, on behalf of the Ayo-Odugbesan couple, replying to the Assembly’s invitation. Copies of the letter were sent to President Bola Tinubu, Lagos State Governor Babajide Sanwo-Olu and the state’s Attorney General.

The assembly’s invitation followed an October 31, 2024, petition against Ayo-Odugbesan couple by a group, Concerned Agege Residents, claiming that the disputed land belongs to the Agege Local Government chaired by Alhaji Kola Ganiu Egunjobi.

He said: “Your letter of invitation under reference purports to invite my clients in relation to two issues, which clearly denote allegations of crime, namely: (i) Fraudulent acquisition of Governor’s consent and (ii.) Acts of aggression.

“As you would agree with me, by virtue of the provisions of the Constitution and the Police Act, the power to investigate crime has been ceded to the Police and other law enforcement agencies.”

He argued that he could not find any Constitutional provision donating powers to investigate crime or any allegation of crime to any House of Assembly of a State or even the Federal Legislature.

“I have looked at those powers that have been donated to the Legislature, which you represent, and cannot find any that supports the investigation of allegations of crime and determination of ownership of land.”

Pinheiro wondered why the lawmakers were interested in summoning his clients when the Agege LGA and its chairman, whom the Concerned Agege Residents purported to be advocating for, and whom the Ayo-Odugbesan couple had accused of unlawful demolition of the property, had kept mute over the matter.

He said: “It beats my imagination that this Honourable Assembly and its Committee on Rules and Business would dignify a petition written by unknown and faceless individuals purporting to enforce ownership of a property belonging to a Local Government Council when the Local Government itself is sitting idle and has not made any complaint in that regard.

“What is more, these matters, the subject of your invitation, are sub-judice and presently pending before a court of competent jurisdiction.”

Additionally, Pinheiro wondered why the Assembly ignored his client’s earlier petition on the same subject matter, but quickly acted on that written by the group.

He said: “Furthermore, what is more concerning from me Mr. Speaker is that a petition written by my client to your esteemed office dated 3rd October 2024, has failed to see the light of the day neither has it received the desired attention notwithstanding the grave issues raised therein, which bother on the unlawful demolition of the property of a school which operates purely as an NGO to educate children who are less privileged without requiring the payment of humongous school fees and which has been in operation for about 30years.

“A Local Government Chairman caused a Notice to be pasted on the property of the school purportedly confiscating same. I would have thought that immediately upon receipt of the petition containing these grave allegations, with same haste in which you acted in removing the now reinstated Alimosho Local Government Chairman, you would immediately suspend the Agege Local Government Chairman as being an embarrassment not only to the All Progressive Congress (APC) which I have had the opportunity to defend but also what Lagos State as the Centre of Excellence has always been known for.

“We are shocked and surprised that such a petition that should have received immediate attention in order to protect those future leaders and their families have not seen the light of the day till date. In fact, my client has informed me that the Chairman of the Local Government has boasted to them that he has the support of your good self, the Rt. Honourable Speaker. In respect of this, I would advise that you exercise restraint.”