Guardian

SEVERAL weeks after some heavily armed uniformed men moved in to bring down some choice properties located within Bucknor area of Jakande Estate, Ejigbo, Lagos, owners of the affected homes have alleged foul play, and now considering the option of court action against what they described as executive lawlessness.

But the Lagos State Government had risen to defend the exercise, saying the occupants do not have the legal title over the parcel of land, and therefore they do not have right to remain there.

And the issue now is who the rightful owner of the landed property? Supposing another person, as being claimed by the state had gotten a Certificate of Occupancy (CofO) over the land, from whom did the yet to be known person get the land?  Is it possible for an individual to get C of O on a landed property he/she did not buy from legitimate owner?  Why did the government notify the occupants of the land of its intention to demolish? These are some of the questions begging for answers, as the occupants continue to wonder on the whole scenario.

Five different properties were affected by the demolition, which was carried out on April 6, 2013.  The affected landlords and tenants said the manner by which the exercise was done, made them to doubt whether they were agents of the government as claimed or not. “They condoned off the access roads to street, Edith Bendel, Oke-Afa, Isolo, Lagos”, one of the affected landlords said.

Mr. Kene Ochije, a distributor with Dangote Cement and owner of a block making firm, whose two-storey building of six flats, was demolished, told The Guardian, that the whole thing still looks like a dream to him, said he had bought the land from late Chief Osuji, left it for four years before erecting his building valued at N60million.

“I have been residing in Lagos for the past 15 years.  I bought this land seven years from late Chief Martins Osuji.  After concluding all processes, leading to the purchase of land, I took possession.  I left the land for four years before I came to build on it.”

Ochije, who witnessed the demolition exercise said: “At about 9.00am on 6th of April, I was brushing my mouth when I heard a bang on my gate. I quickly rushed downstairs and I saw heavily armed policemen and a bulldozer.  I asked them what the problem was and they told me that they had directive from the top to effect demolition and while I tried to further question them, the bulldozer was at work, pulling down my life investment.  In fact, the exercise was done without allowing me to salvage any of my belongings.”

Asked if there was any controversy on the land and if he had any inkling of the exercise, Ochije said, “They said another persons owns the land and that he has gone to court and won the case against us”, wondering how a court action could be instituted against him without his knowledge.

Another victim, Chief Uche Francis, whose storey building of three flats, claimed he got his root title to the land from Ashamu family of Ejigbo in 2008.

He said he started noticing hanky-panky over the land sometime last year when some officials from Lagos State Government came to seal the gate leading to his apartment, adding that when he lodged complaint at their office, he was shocked when they told him that the land does not belong to him and that his document were not genuine.

According to him, he was still in the process of sorting the said anomaly when the bulldozer came on his property valued at N15 million.

To Mrs. Ethel Osuji, who bungalow worth N15 million, said she had to a vigil in her church, the Friday before the exercise and she was called to hurriedly return when the demolition team arrived, saying all appeal to rescue some of her properties from her apartment and her shop, which was filled to the brim with foodstuff, fell on deaf ears, as two policemen forcibly dragged her out of the premises, while she was trying to recover some of her wares.”

Osuji, a widow, said having lost her husband, now she has lost everything, asking how will she survive the situation of homelessness?

Another property owner, Mr. Abiola Lawal, said he acquired the property from the Ashamu land owing family through an agent Messrs. Adeola Almaroof without any problem and he had since taken possession of his space.

Lawal, an engineer, said he had heard that somebody, who did not buy the land from the rightful owner has been claiming ownership of land, questioning how anyone could be claiming ownership of what he did not owns in the first place?

According to Lawal, his vendor, had since gotten a Supreme Court judgment over the disputed land.   In case between Saka Atuyeye and others and Emmanuel O. Ashamu, the court had said: “after careful consideration of the matter, the appeal lacks merit and it is accordingly dismissed with N300.00 cost to the respondent, the Ashamu family.  The judgment was delivered in 1987.

But the Commissioner for Physical Planning and Urban Development, Mr. Toyin Ayinde, said Governor Babatunde Fashola ordered the demolition, because another person had gotten a C’ of ‘O on the property, calling the occupants to advance any title and government’s recognition they have to the land.

Ayinde, who said the demolition had been signed before he joined the government, added that he only implemented Governor’s directive.

According him, it is an offence in the first place for anybody in the state to build without approval from the government, adding: “In any case the land is the bone of contention and somebody has government’s C’ of ‘O on the land.”

When he was asked he was aware of the Supreme Court judgment conferring ownership on Ashamu family, from whom the occupiers bought, Ayinde simply: “Was Lagos State Government a party to that suit?”, adding “Let them come up with any document they have to the land.”