Civil Litigation

BRIEF HISTORY

The Directorate has been under the leadership of distinguished gentlemen of the Bar, including Late Hon. Justice E. A. Hotonu (Rtd), Late Hon. Justice Muri Okunola (Rtd.), Hon. Justice O. Ilori (Rtd),  Hon. Justice A. B. Adeniji (Rtd.),  Late Mrs  P. K. Fakeye, Late Hon. Justice J. Oduneye(Rtd),  Late Hon. Justice Biosogun (Rtd), Hon. Justice Dolapo Akinsanya (Rtd),  Hon. Justice A. A. Phillips  (now the Chief Judge of Lagos State),  Hon. Justice D. T. Okwuobi, Ms. C. E. Uweja,  Hon. Justice S. O. Ishola, Mr Lawal Pedro S.A.N, Mrs S. Y. Kolawole.  Presently, directing the affairs is  Mr S. A. Quadri (Esq).

MAIN FUNCTIONS OF THE DIRECTORATE

  • Review/General defence of Court Processes and Petitions served on the Office of the Attorney of Lagos State or through Client Ministries.
  • Legal Research.
  • Legal Advice.
  • Representing the State Government’s position in Court.
  • Sustenance of the capacity enhancement courses and trainings for the Officers within the Directorate.
  • Appearance in all Courts, Tribunals or panels in Nigeria with regard to Civil suits involving the State Government.
  • Attendance of meetings.
  • Other Ad-hoc duties as assigned by the Attorney General and/or the Permanent Secretary.

ACTIVITIES OF COUNSEL IN DIRECTORATE

The functions/duties of the Directorate are derived from the powers of the Attorney General  and Commissioner for Justice of  the Lagos State  being the Chief Law Officer of the State. This is to ensure that cases involving the Lagos State Government are resolved expeditiously, upholding the tenets of Justice in the process.

The functions/duties of the Directorate are derived from the powers of the Attorney General  and Commissioner for Justice of  the Lagos State  being the Chief Law Officer of the State. This is to ensure that cases involving the Lagos State Government are resolved expeditiously, upholding the tenets of Justice in the process.

These include but not limited to:

Legal Research

 

  • In-depth research on
  • Relevant Laws
  • Relevant Gazettes
  • Judicial Authorities/Precedents
  • Client Ministries Activities
  • Investigating Claims/ Petitionsetc.
Preparation of COURT Processes

 

  • Legal Opinions
  • Originating and Defence Processes Affidavits
  • Briefs Writing
Court Attendance
Appearance in:

 

  • Magistrate Courts
  • Tribunals
  • State High Courts
  • Federal High Court
  • Court of Appeal
  • Supreme Court
Meetings

 

  • Pre-trial Meetings
  • Meetings with Client Ministries
  • Bi- monthly Departmental Meetings where legal and other issues are discussed.
  • ADR Meetings with Parties when authorised.
  • As may be directed by the HAG.
Follow Up
Follow up on

 

  • Deliberations at meeting.
  • Liaison with Client Ministries/Departments/Agencies
Ad-hoc Duties
Counsel are engaged in a variety of ad-hoc duties

 

  • Preparation of various Reports/Memos
  • Feedback on Trainings/Workshop/Seminars
  • Representing the Ministry at various events.
  • Counsel from the Directorate also work in the office of the SGPS and HAG.

ACHIEVEMENTS

  • Reasonable level of conclusion of Cases.
  • Effective Reduction of the Contingent Liability of the State Government.
  • Use of Alternative Dispute Resolution (ADR) Mechanism to further reduce litigation costs.
  • Persuasive Legal Advice/ effective interaction with Client MDA’s .

Suit No. CA/L/619/2005 – Lagos State Government & ORS VS Pastor Joseph Olayinka Martins, wherein the Judgment was delivered in favour of LASG and the claimant’s claim for the sum above N500,000,000.00 was reduced to N116,000.000.00. Upon appeal to the Court of Appeal by the State Government the Suit was dismissed for being Statute Barred.

Suit No. FHC/L/CS/4779/08; CA/L/429/09 – Jude Ude and 12 Others vs Hitech Construction Company & 3 Ors, the Claimants had instituted an action seeking damages to the tune of N17.1B for the losses suffered during the Ijegun fire Incident. The Directorate deployed ADR Mechanism means and the State Government’s name was struck off the Suit.

FHC/L/CS/1779/2013- Chief Charles Adu Vs AG Lagos & Others Dismissal of N100 Billion Suit  for the alleged demolition of more than 1,500 houses by the Nigeria Police Force at Atiporome in Badagry

Suit No. ID/634/2013- Isaac Shedowo vs Attorney General Lagos State, the Claimant’s claim for the sum of N17,000,000.00 was also reduced to N2,000,000.00.

SUIT NO: ID/332/11- PASCA A. CHIZEA VS. ATTORNEY GENERAL OF LAGOS STATE

The Claimant brought an action to recover the current value of land that was allocated to the Claimant in Isheri North Residential Scheme in 1991. The action was however brought in 2011. Our Defence was that the Claimant was negligent I taking timeous possession and that this allowed the land grabbers to trespass on the land. Our reliance was also placed on the provisions of the Certificate of Occupancy requiring an Allotee to develop land within two years of allocation. The Court found in favour of the Lagos State Government and dismissed the Suit with cost against the Claimant. This Suit saved the Lagos State Government N20 Million Naira liability.

SUIT NO:  IKD/M/41/2014-    ISIAKA SHOTOBI & 6 ORS VS ATTORNEY GENERAL OF THE LAGOS STATE

The Claimants instituted an action by way of Originating Summons and Affidavit in Support against the Defendant seeking a declaration that the residue of the Claimant’s land not utilized by the Defendants is free from acquisition or in the alternative an order compelling the Defendants to issue all instruments, letter confirming the status of the unexhausted residue of the Land as unused and free from Government acquisition.   The Defendant in his defence filed a Counter Affidavit opposing the action and argued that the action was not properly constituted and urged the Court to dismiss the Claimants’ prayers.

The Court presided over by Honourable Justice O. Gbaja-Biamila in his Final Ruling upheld the Defendant’s submissions and dismissed the Claimants action.

MRS. HARIMOT OLUBUKOLA OLA-ANIMASHAUN Vs ATTORNEY GENERAL OF LAGOS STATE AND 5 OTHERS.  The Claimant sued the Attorney General in an action at the High Court seeking a declaration that by reasons of the provisions of the Land Use Charge Law, 2011 which are inconsistent with the provisions of the constitution, that the said Land Use Charge is rendered null and void and inoperative in its entirety.   The Court and that the officers of the Land Use Charge office has no power to seal up property.

His Lordship, Honourable Justice Y.O. IDOWU, held that the Land Use Charge an enactment  of the Lagos State Government is well within the preview of the provision of the 1999 Constitution which is an enactment that sees to the collection of tax, fee or rate on land properties by all Local Government Councils within Lagos State Government. All prayers of the Claimant failed.

LANDMARK CASES

The Directorate has been involved in cases that have greatly impacted on the development of the law in the Nigeria and activities of the State Government.

This involves a wide range of involving Constitutional issues such as  Taxation, Census, Fundamental Human Rights, etc.

Others included the Freedom of Information, Lagos Metroline Project and Export Processing Zone cases.

The Directorate has been involved in cases that have greatly impacted on the development of the law in the Nigeria and activities of the State Government.

This involves a wide range of involving Constitutional issues such as  Taxation, Census, Fundamental Human Rights, etc.

Others included the Freedom of Information, Lagos Metroline Project and Export Processing Zone cases.

 

  • AG LAGOS VS AG FEDERATION CASES– this involved cases instituted by the A. G. Lagos to resolve recondite issues affecting the State development vis a vis the Federal Government of Nigeria.  Some of these cases include:
  • AG. LAGOS VS AG FEDERATION- (2004, Supreme Court) The Supreme held in favour of  Lagos  State that President of the FRN had no right to withhold payment of fund due to Local Government Council.
  • AG LAGOS VS EKO HOTELS LTD (2007, Court of Appeal) Eko Hotels filed an action seeking direction from the Federal High Court seeking for direction as to which tier of the government should the proceed of the Sales Tax be paid to the State having lost the case at the FHC, appealed to the Court of Appeal. The Court of Appeal held in favour of the State, that by virtue the Sales Tax Law 2001, the proceeds of the Sale Tax were to be remitted to Lagos State Government.
  • AG LAGOS VS AG FEDERATION  (2005, Supreme Court)-Lagos state alone was in charge of physical planning and other agencies must conform to its regulations.
  • LAGOS STATE SIGNAGE AND ADVERTISEMENT AGENCY DECISION
    • UAC OF NIGERIA PLC & OTHERS VS AG LAGOS (2010 Court of Appeal) – UAC filed an action challenging the Lagos State Signage and Advertisement Agency  Law 2006 (LASAA Law). The Court of Appeal held in favour of Lagos State Government that the LASAA Law is meant to control and regulate outdoor structures in the State and thereby valid and constitutional as an enactment of the Lagos State House of Assembly, pursuant to its powers under  Section 4(7) of the 1999 Constitution to legislate on residual matters.
  • CONSUMPTION TAX CASES
    • MAS EVEREST HOTELS LTD & ANOR VS AG LAGOS (2009, High Court) The High Court presided over by Hon. Justice O. H. Oshodi held in favour of the State that the Hotel Occupancy and Restaurant Consumption Law of Lagos State 2009 is constitutional and that  by virtue of  the  1st column of the Concurrent List to 1999 Constitution of the Federal Republic of Nigeria, the State can make laws relating to the collection of taxes.
    • REGISTERED HOTELIERS NIG. LTD V A. G. OF LAGOS STATE (2012, High Court) This Suit was instituted by a group of hoteliers in Lagos challenging the constitutionality of the Hotel occupancy and consumption Tax Law 2009. A preliminary objection was filed on behalf of the State challenging the jurisdiction of the Federal High Court to adjudicate on a matter relating to the imposition of a State tax. In upholding the Preliminary Objection filed by the State , the Court ruled that it did not have jurisdiction to entertain the matter as the action challenged a State Law and consequently transferred the matter to the State High Court.
  • CONTROL OF TOURISM AND HOTEL REGULATION
    • SUIT NO. SC/340/2010 – AG FEDERATION VS AG LAGOS; SUIT NO SC/462/2010- AG LAGOS VS AG FEDERATION– The Supreme Court on 19th July 2013, unanimously declared that only a State House of Assembly can make laws on tourism or licensing and grading of hotels, restaurants, fast food outlets and other hospitality establishments. Both Suits validate the Lagos State Hotel  Occupancy and Restaurants Consumption Tax  Law (No. 30, Vol. 42, LASG Gazette 23/6/05)  as well as the Hotel Licensing  Law and  Hotel Licensing Amendment Law of Lagos State  (No. 23 Volume 43, LASG Gazette 20/7/10). By these Suits, States can take full charge of tourism regulations in their jurisdictions
  • THE CENSUS REPORT OF 2006 & CHALLENGES
    • The Directorate spearheaded the filing of complaints at the Census Tribunal sitting at Abuja, Nigeria, in June 2009 to have the declared figures corrected.  Complaints filed on behalf of each of the 20 Local Government Areas existing as at 2006,   were  concluded  with the Census Tribunal  delivering judgements in each case. The Tribunal returned  favourable judgements in respect of 14 out of 19  Local  Government Areas for  the State.
    • The tribunal also declared null and void the aforementioned 2006 Census Results released by the National Population Commission (NPC), (the 1st Respondent), for most Local Governments under the 2006 Census Results as same were inaccurate, faulty and unsustainable.
  • Fundamental Human Rights “The Hijab case
    • MISS ASIYAT ABDULKAREEM (MINOR) & 2 ORS VS LASG & 2 ORS The Applicant’s case was brought pursuant to the Fundamental Human Rights Enforcement Rules against the State Government, for the continuous denial of the use of  Hijab as  Female Muslim Students in all Educational Institutions  in the State. Judgement dismissing the Suit in favour of the State was delivered on the 17th of October 2014. The Appellants have taken steps to appeal the Judgment of the Court as we keep in view.
  • Fundamental Human Rights
    • CHIEF CHARLES ADU VS AG LAGOS & OTHERS – The Claimant instituted this action by way of Fundamental Human Rights at the Federal High Court claiming N100 Billion for the alleged demolition of more than 1,500 houses by the Nigeria Police Force. This land had originally been allocated to the Nigerian Police by the State Government. The action was dismissed by the Court  by upholding the Preliminary Objection filed by the Defendants on grounds of lack of jurisdiction and the fact that a similar Suit was pending at the Lagos High Court, Badagry Division in Suit No. BD/22M/2008. Final Ruling was delivered on the  27th day of February 2014, dismissing the entire Suit.
  • Freedom of Information Act Cases
    • OTUNBA OYENIYI RAHEEM VS EXECUTIVE CHAIRMAN, AGEGE LOCAL GOVERNMENT & ATTORNEY GENERAL LAGOS – The Claimant filed two separate actions seeking an order of Mandamus under the Freedom of Information Act against the Executive Chairman, of Orile Agege  Local Government. The Court its final rulings delivered on the 31st of January 2014, dismissed the Claimant’s actions on the ground that the Freedom of Information Act did not apply to Defendants and thus did not have jurisdiction to determine the action.
  • Currently the Directorate is involved in the case of the Founder and Head of the Synagogue Church of All Nations, Prophet T. B. Joshua and the alleged infringement of physical planning Laws of the State which resulted in a collapse of  a multi –storey within the premises of the Church killing over 100 persons mainly foreigners.. It is widely referred to as the “ the Synagogue case.”

STAFF

    • Mr. Hammed Oyenuga – Director
    • Mr Idowu A     – Director
    • Mr Obadan  O.  –  Director
    • Mr. Jide Bakare   – Director
    • Oshikoya O.     –  Director
    • Mr. Togbeola C. A. B.   –  Director
    • Mr. Saliu Lookman – Asst. Director
    • Mrs. Aderoju Salau   –   Asst. Director
    • Mrs. Omobola Omotimirin – Asst. Director
    • Mrs Chukwu A. –     Asst Director
    • Mrs. Akinbiyi Temitope   –  Chief State Counsel
    • Mrs. Lewis Jaiyeola  –   Chief State Counsel
    • Mrs. Osarenkhoe Stella   – Chief State Counsel
    • Mr. Ligali Olakunle    –  Chief State Counsel
    • Miss. Folashade Oshikoya – Asst. Chief State Counsel
    • Mrs Aderiye T.   – Asst. Chief State Counsel
    • Mrs Ladega A. – Asst. Chief State Counsel
    • Mr. Muheeb Abdulfatahi – Asst. Chief State Counsel
    • Mrs. Ogunode Adebanke – Asst.  Chief State Counsel
    • Mr. Ohamouo Chigozie –  Asst. Chief State Counsel
    • Mr. Adaramewa Bamidele –  Asst. Chief State Counsel
    • Mrs Jacob O.   –  Asst. Chief State Counsel
    • Mrs Ekogbulu Yetunde   – Principal State Counsel
    • Miss. Ogunsanwo Oluwaseun – Principal State Counsel
    • Mrs Bello C.  –    Principal state Counsel
    • Mr. Abioye Oyedele – Principal State Counsel
    • Mr. Kazeem Kadiri  –  Principal  State  Counsel
    • Mrs. Popoola Adebunmi  –  Principal State  Counsel
    • Mrs. Salawu Omobola  – Principal State  Counsel
    • Mr Ibrahim O.     – Principal State Counsel
    • Mrs Abiodun  A.  –  Principal State  Counsel
    • Miss. Shomade Rukayat – Principal State  Counsel
    • Miss. Ojo Temitope – Principal State Counsel
    • Mr. George Okeke  – Principal  State  Counsel
    • Miss. Balogun Aminat  –  Senior State Counsel
    • Mrs. Cole-AbdulAzeez    – Senior  State Counsel
    • Mr. Salami Lukemon     –  Senior  State Counsel
    • Mr Sogbesan  S. – Senior State Counsel
    • Mrs. Adesina B. –  Senior   State Counsel
    • Mr. Temitope Ola – Senior  State Counsel
    • Miss. Moradeke Adeniran –  Senior State Counsel
    • Mr Mikail   M. – Senior State Counsel
    • Mrs Pliu-Anyiador F.  –  Senior  State Counsel
    • Mrs Funke   Olugbamiye  –   Project Officer
    • Mrs Ojuolape  Efok   – Project Staff

    NON LAWYERS

    • Maiyegun C. R.  – Senior Secretarial Officer
    • Ogunlola G. – Senior  Asst Secretarial Officer
    • Adekunle P.    – Asst. Secretarial Officer
    • Mr Alabi. A    –  Higher Executive Officer
    • Mr Igbayisemore – Higher Executive Officer
    • Mrs Sanusi Shakirat – Chief Clerical Officer
    • Mr Odunewu  B. A.  – Chief   Clerical Officer
  •  
Scroll to top
error: Content is protected !!