Shangisha: Lagos tackles land owners, vows to prosecute defaulters

He said government was concerned that the landowners, under the Shangisha Landlord Association led by one Chief Adebayo Adeyiga, misled the Nigeria Police in an attempt to execute a judgment of the Supreme Court.

He said there is pending appeal against the issuance of warrant of possession by the then Chief Judge of Lagos State on March 16, 2017.

He maintained that the issue of possession does not arise since there was no survey plan was tendered before the court.

Onigbanjo argued that the Supreme Court judgement was not affixed to any land anywhere and only declared that the judgement creditors were entitled to allocation of land.

“Several attempts by the state government to resolve the matter amicably have been on even before the judgement of the Supreme Court was delivered.

“It is, therefore, not surprising that the Supreme Court held on page 27 of the judgment thus; ‘this court appreciates the magnanimity of the Lagos State government in the proposals to effect an amicable settlement of this matter. The ball is now in the court of the counsel to the respondents who has a statutory duty to advise them properly to give the government their maximum co-operation in the execution of this judgment.

“The state government engaged the judgment creditors between 2012 – 2015 and made a proposal to re-allocate land to the judgment creditors at Magodo Residential Scheme within Badagry area which was rejected by Chief Adebayo Adeyiga, but a majority of the judgment creditors led by Yemi Ogunshola, Jelili Yaya and Adeleke Adefala accepted the offer.

“Due to division within the judgment creditors to Ibeju Lekki Coastal Scheme situate at Ibeju/Lekki, which was also rejected by Chief Adebayo Adeyiga.”

The Attorney General noted that over the years the state government has been engaging in dialgue with the majority of the judgment creditors from 2019 with a view to settle that matter amicably in order to implementing the supreme court judgment.

He said, “On the 21st of December, 2021, it was reported through social media platforms that the Shangisha Landlords Association with stern-looking policemen took over Magodo Area of Lagos State in the purported execution of a Supreme Court judegment.

“It is a known fact that judgment was delivered in 2012 by the Supreme Court in Military Governor of Lagos State & Ors. Vs. Adebayo Adeyiga & Ors in Appeal No: SC/112/2002 wherein the Apex court affirmed the judgment of Court of Appeal and High Court delivered on the 31st of December, 1993 in Suit No: ID/795/88 wherein the Court held as follows:
“I hereby enter judgment for the plaintiffs against the defendants as follows – ‘A declaration that members of the Shangisha Landlords Association whose lands and or buildings at Shangisha village were demolished by the Lagos State Government and/or its servants or agents during the period of June 1984 to May 1985 are entitled to the first choice preferential treatment by the Lagos State Government before any other person(s) in the allocation or re-allocation of plots in Shangisha village and I make the order against the 1st, 2nd, 3rd and 4th defendants (particularly the Lagos State Government and Land Use and Allocation committee) as agreed in the meeting held on 16th October 1984 with the Ministry and Mandatory Injunction is hereby made that the said defendants shall forthwith allocate 549 (five hundred and forty-nine) plots to the plaintiffs in the said Shangisha village scheme in the Shangisha village aforesaid.”

He submitted there is no doubts that the Supreme Court judgment only recognised the judgment creditors as entitled to first choice preferential treatment in the ‘allocation and or re-allocation of plots in Shangisha Village’.

He pointed out the judgment emphasized on allocation of 549 plots of land and not the possession of any land.

“Noteworthy also is the pending application for interlocutory injunction dated 1st December 2020 before the Court of Appeal in Appeal No. CA/L/1005A/2018 seeking an order restraining Chief Adebayo Adeyiga and others (including their agents, servants’ privies, or howsoever called, particularly the police) from entering into, giving direction, taking possession, or in any manner disturbing the quiet enjoyment of property owners in Magodo Residential Area Scheme,” the commissioner said.

“The Lagos State government has equally observed that the execution was carried out by unknown bailiffs as the sheriff of the High Court of Lagos where the judgment emanated was not responsible for the purported execution carried out on the 21st December 2021 at Magodo.

“The purported execution is therefore contrary to Order 8 Rule 17 of the Supreme Court Rules 2014 and Section 37 of the Enforcement of Judgment and Orders Part III of the Sherriff and Civil Process Act, LFN, 2004.”