Magodo estate: Planned demolition illegal — matter still in court, says lawyer

Bolaji Ayorinde, senior advocate of Nigeria (SAN), says the planned demolition of Magodo estate phase two in Lagos is illegal.

TheCable had reported that some police officers, said to have been accompanied by hoodlums, arrived at the estate with bulldozers on Tuesday evening.

The hoodlums marked some houses in the estate with an inscription which reads ‘ID/795/88 possession taken today 21/12/2021 by court order’.

However, in a letter, Ayorinde of BA LAW LLP who are solicitors to one Yemi Ogunsola, Jelili Yaya and Adeleke Adefala (for themselves and some other members of Shangisha Landlords Association) said the court order on which the demolition was to be carried out is still subject to litigation.

Ayorinde said the supreme court on February 10, 2012 delivered a judgment in suit no: ID/795/1988 between the military governor of Lagos state and others v. Adebayo Adeyiga and others wherein the court “declared the respondents that is, 549 members of the Shangisha Landlords Association including our clients as persons entitled to first choice preferential treatment in the allocation and or re-allocation of portions of land at Magodo/Shangisha”.

Ayorinde said while his client and other judgment creditors entered into discussions with the Lagos state government (LASG) with a view to complying with the said judgment of the supreme court, “one Adebayo Adeyiga without the consent of our clients, initiated the process of execution of the supreme court judgement at the Lagos high court by applying and causing to be issued, (warrant of possession) and warrant of execution forms dated 19th November 2015 purportedly on behalf of all the 549 judgment creditors”.

Adeyiga also obtained a warrant of possession/execution dated March 16, 2017, from Funmilayo Atilade, the then chief judge of Lagos state.

Although BA Law firm was able to secure another court order on July 10, 2017, from Rabiat Adebiyi, judge of a Lagos state high court, vacating the warrant issued by the chief judge, Adeyiga got another order from Bankole Oki, another judge of a Lagos high court, on July 6, 2018, setting aside Adebiyi’s decision.

Consequently, the law firm approached the court of appeal in suit CA/L/1005/ 2018 challenging Oki’s ruling.

The senior advocate said a letter of complaint dated December 1, 2021, was written to the attorney-general of the federation notifying him that any planned illegal takeover of the Shangisha/Magodo land will be illegal in view of the pending court order and appeal.

The inspector-general of police and Lagos state commissioner of police were copied in the said letter.

Ayorinde said they were surprised that despite the pendency of the appeal, Adeyiga with the aid of the police still attempted to take over the estate.

“In the light of the above, the act of Mr Adebayo Adeyiga and the police in carrying out execution in Magodo/Shangisha is illegal and should be totally condemned in the strongest of terms,” Ayorinde said.

“It is an act likely to cause a breach of the peace in the affected areas. It is also not in consonance with the direction of the supreme court which has led to maximum cooperation by the Lagos state government with our client.”