Professor Olajide A. Ogunbiyi & Anor V. The Oyo State Government & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MONICA B. DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment)

On 27th March, 2003 Hon. Justice S. O. Akinola of the High Court of Oyo State, in Suit No. 1/772/2002 delivered a Ruling against the Applicants/Appellants and in favour of the Respondents.

The brief facts which culminated into this appeal are as stated in the brief of the Appellants with some modification are as follows:-

The Appellants commenced proceedings in the High Court by way of an application for Judicial Review made pursuant to Order 43 of the Oyo State High Court (Civil Procedure) Rules 1988. They prayed for the following reliefs:-

(i) Declaration that the recommendation of the panel of Enquiry constituted by Oyo State Government contained in the Government White Paper published as Oyo State Notice No. 39 in the Oyo State of Nigeria Gazette No. 13 vol.

27 of 10th June, 2002 concerning plot A, along Ekiti Street, Bodija, Ibadan subleased to Professor Olajide A. Ogunbiyi by the Oyo State Housing Corporation is unconstitutional, ultra vires and contrary to the rules of natural justice.

(ii) Declaration that the acceptance of the said recommendations of the said panel of Enquiry by the Government of Oyo State contained in the Government White Paper published as Oyo State Notice No. 39 in the Oyo State of Nigeria Gazette No. 13 Vol. 27 of 10th June, 2002 to the effect that the building constructed by Professor Olajide A. Ogunbiyi on plot & along Ekiti Street, Bodija, Ibadan be compulsorily acquired by the government in the interest of the public is unconstitutional, illegal, null and void.

(iii) Declaration that the purported compulsory acquisition of the building constructed on Plot A, along Ekiti Street, Bodija Ibadan in the interest of public is illegal, unconstitutional, discriminatory and mala fide.

(iv) Injunction restraining the Respondents, their servants, agents and/or privies from interfering in anyway whatsoever with Professor Olajide A. Ogunbiyi’s quiet enjoyment and possession of Plot & along Ekiti Street, Bodija, Ibadan and the building constructed thereon.

The application was supported by an affidavit to which 15 Exhibits were attached together with a statement and verifying affidavit as required by law.

The learned trial Judge delivered a considered Ruling and dismissed the Appellants’ application in its entirety.

Flustered by the said Ruling, the Appellants filed this, appeal by their Notice of appeal dated 4th April, 2003.

The learned Counsel for the Appellants Oluseye Chukura Esq., formulated four issues as follows:-

1. Whether the trial court was right in law to hold that the 1st Appellant has no interest or legal or constitutional right in or over the plot he subleased from the 3rd Respondent because he did not first obtain Governor’s consent before executing the deed of sublease. (Grounds 1, 2, 5 and 7).
2. Whether the trial court was right in holding that the administrative Panel of Enquiry constituted by the 1st Respondent did not act ultra vires and acted in accordance with the rules of natural justice when it recommended that the property of the 1st Appellant be compulsorily acquired by the 1st Respondent in the interest of the public, (Grounds 3, 4 & 6)
3. Whether in the circumstances of this case the compulsory acquisition of the to Appellant’s property by the 1st Respondent on the recommendation of the Administrative Panel, of Enquiry into the activities of the 3rd Respondent is constitutional and in accordance with the Public Lands Acquisition Law of Oyo State. (Ground 8).
4. Whether in the circumstances of this case, where the deposition of the Appellants were not specifically controverted by the Respondents, the trial court exercised its discretion judiciously and judicially in refusing to grant the reliefs sought by the Appellants. (Grounds 9 & 10).

Counsel for the Respondents, Adetunji W. Gbadegesin Esq., Director, Legal Drafting and Ministerial Counseling, Oyo State Ministry of Justice also formulated four issues as follows:-