Property owners sue Lagos over Badagry expressway project
By Bertram Nwannekanma
THE on-going expansion of the Mile 2- Badagry Expressway by the Lagos State government has sparked a legal row as the Association of Landlords and Property Owners along Eric-Moore-Orile-Mile 2-Badary-Seme Expressway yesterday sued the state before a Federal High Court, Lagos, over the expansion project.
The residents accused the state government of planning to demolish their property without adequate compensation.
In the suit before the acting Chief Judge of the Federal High Court, Dan Abutu, the plaintiffs joined the Attorney General of the Federation, the Federal Ministry of Works and Urban Development, Lagos State Commissioner for Physical Planning and Urban Development, the Commissioner for Lands and construction company, Julius Berger Nigeria, as respondents.
The plaintiffs, who included Chief S.B.A Ogunlana, Mrs. Mercy Obialo, the Registered Trustees of Faith Cathedral International Church and Namos Oil Nigeria Limited, alleged that sometime in 2008, they received eviction notices from the Lagos State government.
The plaintiffs averred that the state government assured them that all those whose property would be affected by the planned expansion of the expressway would be compensated and resettled.
The state government, they alleged, also encouraged them to submit the originals of all title documents of their property to the office of the Commissioner for Physical Planning and Urban Development, after which adequate compensation would be paid to them.
However, the property owners stated that not long after the submission of their documents, the state government mounted a campaign claiming to have paid compensation to all those whose property were marked for demolition, whereas it did not.
They are, therefore, seeking a declaration of the court that the revocation of all existing interests and titles on their lands and property by the state government is illegal, null and void.
In the alternative, the plaintiffs want an order of the court mandating the state government to set up a joint committee of estate assessors to inquire, ascertain and determine the ownership of all property so far acquired for the purpose of determining their true value and the payment of proper and adequate compensation.
However, the state government, through the Commissioner for Justice, Supo Sasore (SAN), has raised objection to the suit, saying the Federal High Court lacks jurisdiction to entertain the matter.
Sasore, in his preliminary objection (PO), contended that the reliefs sought by the plaintiffs related to the exercise of the powers of the Governor of Lagos State pursuant to Section 28 of the Land Use Act Cap. L5, Laws of the Federation, 2004, in respect of the acquisition of land and revocation of statutory rights of occupancy to land in the state for overriding public interest.
He argued that the subject of the matter was within the exclusive jurisdiction of the High Court of Lagos State, urging the court to transfer the matter to the state High Court.
Justice Abutu ordered that hearing notice be issued to all the parties in the suit and fixed November 30 for hearing on the matter.
