Chief Charles Adu & Ors V. Lagos State Task Force On Environment And Special Offences Unit & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading judgment)

This is an appeal against the Ruling of the High Court of Lagos State, delivered by the Hon. Justice Y. A. Adesanya on the 10th of July, 2014.

In the said Ruling which can be found at pages 219 – 228 of the Record, the learned trial judge declined jurisdiction to hear the Appellants’ Fundamental Human Rights application on the ground that the Appellants suit ought not to have been commenced under Fundamental Rights Enforcement Procedure Rules.

The Appellants being aggrieved by the Ruling of the learned trial judge filed a Notice of Appeal dated 15th August, 2014 but filed on the 20th of August 2014 compromising two (2) grounds. The Appellants’ Notice of Appeal can be found at 229 – 233 of the Records.

Briefly the facts of the case are as follows:-.

The Appellants who are residents of 3 communities namely: Atinporomeh, Araromi Ale Extension and Mowo Phase 2 (all in Badagry Area of Lagos) have lived in these communities over the years

On the 14th of December 2013, they (Appellants) received a letter from the 5th-7th Respondents (the police) alleging

that the place which, they live had since been acquired by the 1st – 4th Respondents (the Lagos State Government) and allocated to them. See the said letter on page 26 of the record.

Sadly enough, even though the said letter was addressed to the Baale of Atinporome (one of the 3 communities), the subheading of the letter complained of encroachment of police land in a different community called Agemowo / Ageledo and not Atinporome or Araromi Ale or Mowo Phase II extension, which is the Appellants’ community.

In a swift reaction, the Appellants replied the police the next day though their counsel – Rickey Tarfa & Co. vide letter dated 15th December, 2014 and informed the police that their letter was misdirected. The police of course ignored this letter. Rickey Tarfa & co. Letter is on pages 27 – 29 of the records.

Two days later, precisely on the 16th of December 2013 at about 4:30am, the Appellants were rudely and shockingly woken up by the presence of over 100 heavily armed officers and men of the 5th – 7th Respondent who invaded their community. They also came with about 16 Black Maria vehicles and 12 bulldozer and compulsorily acquired

the Appellants’ properties by pulling down all their houses amidst wailings, tears and frustrations.

The operation lasted for two days i.e. 16th & 17th December, 2013 and at the end of the operation the Appellants’ houses and over 1,500 other houses belonging to other residents in the 3 communities of Atinporomeh, Araromi Ale and Mowo Phase II extension were completely demolished hence leaving them homeless.

The Appellants thus woke up to a sudden sad reality that their properties where they have inhabited over the years have been compulsorily acquired by the 1st – 7th Respondents, and not just acquiring them but also completely destroyed