Abudu Wahabi Awoyo & Ors V. Magnus Ayinla Abasi Opere & Ors (1976)

LawGlobal-Hub Lead Judgment Report

NASIR, J.S.C. 

In exercise of its powers under the Lagos Town Planning Act, the Lagos Executive Development Board (hereinafter called the Board) acquired on the 1st March, 1956, the landed property known as 97, Victoria Street, Lagos, popularly called ‘Opere Mosque’ and asked the owners to come forward and claim compensation. As a result of this, two sets of claimants emerged, namely,

(1)Magnus Ayinla Abasi Opere – 1st set, and

(2)Members of the Management Committee of the Opere Mosque – 2nd set.

This second set of claimants consisted initially of the representatives of the Jamat (or congregation of the Mosque) and the representatives of the Opere family. The second set authorised “our solicitor Mr. L.J., Dosunmu …. to negotiate and settle the compensation payable” in respect of their property namely, the ‘Opere Mosque’ (see Exhibit “B” – letter of Authority). The first set initially claimed as an individual but later, five other members of the Opere family were joined as representatives of each section of Disu Bakare Opere family.

Plot No. 97, Victoria Street is now called Plot No. 97, Nnamdi Azikwe Street. The relevant and interesting history of this plot is as follows. One Obayomi, the owner of this plot under Crown Grant No. 278 and dated 8th day of July, 1869 pledged the plot as collateral security for a loan. He could not pay the loan. His friend, one Disu Bakare Opere, paid the loan on Obayomi’s behalf but as Obayomi could not pay this debt up to the time of his death, the plot was ultimately transferred to the said Disu Bakare Opere by the executor of the estate of Obayomi.

This Disu Bakare Opere was a rich man and also a devout Moslem. He was using the land as worshipping ground and subsequently built a mosque which was being used by all the Moslems in Victoria Street for religious purposes. It would also seem, and this is not in dispute, that after the death of Disu Bakare Opere, the land and the mosque were not shared as part of the estate but continued to be used as a mosque under the general control and supervision of Abasi Opere, the senior son of Disu Bakare Opere who was also another devout Moslem. This Abasi Opere was highly respected and became the Imam of this mosque during his life-time. It was clear from the evidence that the Imam, Abasi Opere, spearheaded and succeeded in applying for and obtaining another Crown Grant No. 26 of 4th June, 1912 registered in Volume 59 page 54 in the Lands Registry at Lagos in respect of Plot No. 97, Victoria Street, Lagos, for: “Abasi Opere on behalf of the Mohammedan Community of Victoria Street”. (See Exhibit “P”).

This grant was specifically said to supercede the grant to Obayomi (see Exhibit “N”). The new Crown Grant, Exhibit P, was still subsisting up to the time of the acquisition by the Board. In exercise of the authority given in Exhibit B, an agreement was reached on 17th February, 1960 between the owners of the Opere Mosque and the Board as to the compensation payable. The agreement also included the procurement of an alternative site and the building of a new commensurate mosque by the Board. Up to the date of the agreement the second set of claimants consisted of

(a) the members of the Management Committee of the ‘Opere Mosque’ headed by the Imam and

(b) the majority of the heads of the various houses constituting the Opere family including the most senior person, K.L. Opere but excluding Magnus Ayinla Abasi Opere who up to this time was claiming alone.

As we have pointed out earlier, on 22nd July, 1968, an application was made for:

(a)Abdul Raimi Yesufu Abasi Opere

(b)Salami Kadiri Folami

(c) Sunmola Mustafa Abasi Opere