Mrs. Esther I. Adesigbin & Ors V. Military Governor Of Lagos State & Anor (2017)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

In 1958 there were no States in Nigeria. Nigeria was divided into three Regions. The North, West and East. The Government of Western Nigeria acquired a vast area of land measuring 5000 acres for public purposes. The land acquired was within Badagry, Ikeja and the Colony (i.e. Lagos). The acquisition was Gazetted in the Western Regional Notice of Nigeria Gazette No. 28 Vol. 17 of 24/4/1958.

Lagos State was created in 1967. The area of land acquired which fell within Lagos State was an area amounting to approximately 929.6 acres.

In 1979 the Government of Lagos State filed an Originating Summons before the Lagos State lands Tribunal (i.e. suit No.LT/LS/IS/79). The issues was for the Tribunal to decide the amount of compensation to be paid to the claimants and those of them entitled to it.

In a well considered judgment delivered on 10/11/1981 the Tribunal considered evidence of valuers, experts and listened to submission of counsel and concluded that compensation for the 929.6 acres in N1,141,631.20. The Tribunal went on to say that the amount is to be

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paid to 34 claimants. The amount to be paid to each of the 34 claimants can be seen on pages 23, 24 of the Record of Appeal. No compensation was paid by the Lagos State Government and the Government did not appeal against the judgment of the Lands Tribunal. So, on 27/12/1985 the Akingbaiye family and 23 others filed an Originating Summons against the Military Governor of Lagos State and the State Attorney-General of Lagos State for the following reliefs:

1. Declaration that the Defendants, that is the Military Governor of Lagos State and the Attorney-General of Lagos State have no legal justification for refusing or failing to settle, since the 1st day of December, 1981, the judgment debt of N1,141,631.20 payable to the 34 successful claimants in Suit No. LT/LS/IS/79 when the Lagos State Lands Tribunal had delivered judgment against them on 10 November, 1981 in the said Suit No. LT/LS/IS/79.
2. Declaration that the Defendants that is the Military Governor of Lagos State and the Attorney-General of Lagos State have committed a Contempt of Court/Tribunal by refusing or failing to pay to the 34 Claimants in Suit No. LT/LS/IS/79 the judgment debt of

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N1,141,631.20 contrary to the injunction in the judgment in the said suit No.LT/LS/IS/79.

3. Declaration that the Defendants, that is the Military Governor of Lagos State and the Attorney-General of Lagos State are liable in Law to pay to the 34 Claimants in suit No. LT/LS/IS/79 the sum of N456,652.40 being the interest payable on the judgment debt of N1,141,631.20 for a period of four years from 1st December, 1981 to 30 November, 1985 at the rate of 10% per annum pursuant to Section 6 of the Public Lands Acquisition (Miscellaneous Provisions) Act, 1979 and the judgment in suit No. LT/LS/IS/79.
4. Declaration that the Defendants, that is the Military Governor of Lagos State and the Attorney-General of Lagos State are liable in Law to pay to the 34 claimants in suit No. LT/LS/IS/79 as listed in Exhibit “B” attached, the sum of N1,598,283.75 being the judgment debt of N1,141,631.20 and interest thereon at the rate of 10% per annum payable from the 1st day of December, 1981 to the 30th day of November, 1985 pursuant to the judgment in suit No. LT/LS/IS/79 and Section 6 of the Public Lands Acquisition (Miscellaneous Provisions) Act, 1979.

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Declaration that the Defendants that is the Military Governor of Lagos State and the Attorney-General of Lagos State can be served with Form Nos. 48 and 49 pursuant to Section 63 and Order 9 Rules 13 of the Sheriff and Civil Process, Judgment Enforcement Rules Cap. 127 Volume 7, Laws of Lagos State, 1973 in order to try them for Contempt of Court for disobedience to the mandatory injunction in the judgment in suit No.LT/LS/IS/79 dated 10 November, 1981 that the Lagos State Government should pay the judgment debt of N1,141,631.20 without any further delay from 10 November, 1981.

6. An order that the Defendant that is the Military Governor of Lagos State and the Attorney-General of Lagos State should forthwith pay to the thirty-four claimants in suit No. LT/LS/IS/79 as listed in Exhibit “B” attached to the Affidavit in support of this Originating Summons the judgment debt of N1,598,203.75 which includes the interest payable as at 30 November, 1985 in the said suit No. LT/LS/IS/79.
7. Any further order or other orders that this Honourable Court may consider necessary to make in favour of the 34 claimants in suit No. LT/LS/IS/79 as listed in Exhibit “B” in the interest of justice.

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Affidavit and counter affidavit were filed. Counsel addressed the Court, and in a considered Ruling delivered on 21 March, 1986, Agoro J (as he then was) of a Lagos High Court made the following orders:

1. It is ordered that all awards not exceeding Seven Thousand Naira (N7,000.00) shall be paid or settled in full by the Defendants not later than 30 April, 1986.
2. It is ordered that fifty percentum (50%) of all awards exceeding Seven Thousand Naira (N7,000.00) shall be paid or settled by the Defendants not later than 30 April, 1986.
3. It is also ordered that the second set of payment being Twenty-five percent (25%) of each award exceeding Seven Thousand Naira (N7,000.00) shall be paid or settled by the Defendants between the months of May and August 1986.
4. It is also ordered that the third set of payment being Twenty-five percentum (25%) of each award exceeding Seven Thousand Naira (N7,000.00) shall be paid or settled by the Defendants between the months of September and December, 1986.
5. It is further ordered that the instalmental payments to be effected by the Defendants to the Plaintiffs shall be in

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