Alhaji Mudashiru Kokoro-owo & Ors V. Lagos State Government & Ors (2001)

LAWGLOBAL HUB Lead Judgment Report

WALI, J.S.C.

he main issue in contest in this appeal is whether a grant of a Statutory Right of Occupancy (C of O) by the respondents to Oniru Chieftaincy Family over a parcel of land in which the latter had a customary title originally, is a re-allocation of the same parcel of land within the con of the order of interlocutory injunction made by the Court of Appeal not to re-allocate the land in dispute pending the determination of the appeal.

It is pertinent to set out the relevant facts involved in this case which are as follows:-

By a gazette notice published as Notice No. 173 in the Lagos State Gazette No.20 Vol. 5 of 18th August, 1972, the Lagos State Government compulsorily acquired the parcel of land consisting on,100 acres known as Maroko in Eti-Osa Local Government and paid compensation of N6,800,000.00 to the Oniru Chieftaincy Family which claimed to own the land so acquired, under customary law.

In 1990, the Lagos State Government embarked upon a programme of sand filling of the area so acquired as a result of which it had to evacuate the unauthorized occupiers and the destruction of the illegal structures erected therein by them.

As a result of the evacuation, the appellants as plaintiffs filed an application in the Lagos High Court for leave to file an originating summons against the respondents as defendants to enforce their fundamental Human Rights to wit:

“1. The scheduled, forceful evacuation and demolition of houses in Maroko, Lagos State, (wherein the Applicants are resident) violates the rights of the Applicants to dignity as human beings, privacy, freedom of movement and residence anywhere within Nigeria, and peaceful enjoyment of their property as guaranteed by Sections 31, 34 and 40 respectively of the Constitution of the Federal Republic of Nigeria, 1979 (as amended).

2. The scheduled, forceful evacuation and demolition do not conform with the procedures prescribed under Section 40 of the Constitution of the Federal Republic of Nigeria for compulsory possession of property.
3. The scheduled, forceful evacuation and demolition do not conform with the procedures prescribed by the PUBLIC LANDS ACQUISITION LAW (CAP. 113) Laws of Lagos State (as amended), and is therefore totally unlawful, null, and void.”

This was filed on 11/7/90. In addition to the reliefs above, the appellants also prayed for an interlocutory injunction pending the determination of the case.

On 16/7/90, the learned trial judge Okunola, J., (as he then was) refused the application stating that the issue involved did not relate to the enforcement of the applicants’ proprietary right under the Fundamental Rights [Enforcement Procedure] Rules, 1979 and advised the applicants to file their Writ and Statement of Claim and bring the necessary motion whereby the other party will be put on notice.

As regards the application for the interlocutory injunction, the learned trial judge, in refusing to grant the relief, reasoned as follows-

“I wish to say that the application before me is for an order to restrain the respondents herein from carrying into effect the forceful evacuation and demolition of residences in Maroko, which from the evidence reviewed above and concurred to by learned applicants Counsel have substantially been demolished. Since the basis of the application is gone any action taken will amount to an exercise in futility, moreso, when it is trite that Equity does not act in vain.”

Henceforth, the applicants and the respondents shall be referred to as the appellants and the respondents respectively. The appellants appealed against the ruling of the trial Court to the Court of Appeal, Lagos Division by a Notice of Appeal dated 11/2/91. On 15/12/94 they filed an application Dated 14/12/94 in that court for-

“AN ORDER of committal to prison of the respondents on the grounds that the issuance of the aid Certificate of Occupancy and the Supplemental Deed by the respondents is in disobedience of the injunctive orders Of this Honourable Court made on the 11th day of February , 1991, restraining the respondents from re-allocating any part of the Maroko Land, the subject matter of this appeal”

In the alternative the appellants prayed the Court of Appeal to cancel the Certificate of Occupancy dated 10/12/91 issued in favour of Oniru Chieftaincy Family.