Dr. Adewunmi Adeyemi-bero V. Lagos State Development Property Corporation & Anor (2012)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C

The original Appellant in this appeal, Chief J. O. Adeyemi-Bero was the 1st Respondent in the Court of Appeal, Lagos Division. The 1st Respondent in this appeal, Lagos State Development & Property Corporation had appealed to the court of Appeal against the judgment of the Lagos Judicial Division of the High court of Lagos state delivered on the 15th day of September, 1998 by the Honourable Justice Ade Alabi as he then was. The said judgment dismissed the claims sought by the 1st Respondent’s originating summons dated the 14th day of May, 1997 as amended, pursuant to the leave of the trial court granted on the 30th day of June, 1998. The 1st Respondent’s claim was in the main for a declaration nullifying a previous judgment delivered by the Honourable Justice S.O. Ilori in suit No. M/415/95: a declaration of title to the properties located at Plot 177 Victoria Island, Lagos and No.25, Cooper Road, Ikoyi Lagos under and by virtue of the FOREFEITURE OF ASSETS (RELEASE OF CERTAIN FORFEITED PROPERTIES etc.) (AMENDED) decree No. 21 of 1996; consequential declarations and other injunctive reliefs.

The Respondents’ claims were dismissed on the grounds that:

(i) They could not be entertained as they were res judicata and

(ii) It would amount to the High Court adjudicating as an Appeal Court over its own decision.

The facts would be stated hereunder for a fuller understanding of the background of this appeal.

FACTS:

The original Appellant in this appeal was a former permanent secretary who was in the employment of the Lagos state Government and had initially been the owner of the landed properties located at plot 177 Victoria Island, Lagos, and No. 25, cooper road, Ikoyi, Lagos, on the indictment of the original Appellant by an investigation Panel set up by the Lagos state Government in 1976, these properties were forfeited to the Lagos state Government by virtue of the Public Officers and other Persons (Forfeiture of Assets order) 1976 Legal Notice No.23 of Lagos State 1976, Determination of Interests in State Lands (No.1) order LSLN 9 of 1976 made pursuant to section 1 of the Determination of certain Interest in Land Edict No. 3 of 1976. The Lagos state Government, subsequent to the forfeiture of the said properties vested the properties in the Lagos state Development and Property Corporation (“the 1st Respondent”).

See pages 79-85 of the record for the copy of the Certificate of occupancy vesting Plots 175-178 in the 1st Respondent. Sometime in 1993, the Federal Military Government of General Ibrahim Badamasi Babangida, the then Head of State, promulgated the Forfeiture of assets (Release of Certain properties) Decree No. 54 of 1993 (“Decree No.54 of (1993”), with a commencement date of 23rd August, 1993. By section 1 of this Decree, several properties forfeited to the Federal and State Governments as identified in the second column of the schedule to the Decree, were released to the persons in the first column of the schedule.

The original Appellant’s name was included as item 2 of the schedule with the corresponding properties of Plot 177 Victoria Island, Lagos, No.25, Cooper Rodd, Ikoyi, Lagos and No. 1, Obanikoro Road, Ikoyi, Lagos.

After the promulgation of the said Decree, the original Appellant demanded the release of the afore-mentioned properties from the Lagos State Government, through an application made to the Military Administrator of the State. The Lagos State Government released one of the forfeited properties:

No. 1, Obanikoro Road, Ikoyi, but declined to release the other two properties.

The original Appellant being dissatisfied with this instituted Suit No. M/415/95 against the Military Administrator of Lagos state, the Attorney-General of Lagos State and the Registrar of Titles, by an originating summons filed on 7th July, 1995. By this originating summons, the original Appellant claimed principally for a declaration that under and by virtue of decree 54 of 1993, the properties at Plot 177 Victoria Island, Lagos, and No. 25, Cooper Road, Ikoyi, Lagos had reverted to him and are vested in him as owner.

The Honourable Justice S. O. Ilori delivered judgment in that suit on the 11th day of June, 1996 and answered the question in the affirmative, thereby granting a declaration that the properties reverted to the original Appellant by virtue of the provisions of Decree 54 of 1993.