LD/6031C/17 THE STATE OF LAGOS VS AANU MOSES.
On Monday, the 29th March 2021, Honorable Justice Nicol-Clay sitting at The High Court of Lagos State, Court 7, Lagos Judicial Division delivered judgment in LD/6031C/17 THE STATE OF LAGOS VS AANU MOSES.
The Defendant and others at large whilst armed with bottle robbed Mr. Abass Bashiru and Mr. Olayinka Hounka of their blackberry passport phone, blackberry Q10, wallet containing N2,000 and prayer cloth (jalabia) which was found on the Defendant upon his arrest.
Prosecution called 3 witnesses, tendered 5 exhibits and the Defendant was found guilty and sentenced to 21 years imprisonment for the offences of Conspiracy to commit Robbery and Armed Robbery.
The offence of Conspiracy to commit Robbery and Armed Robbery is contrary to sections 299 & 297(2) (a) of the criminal Law of Lagos State 2015.
Adesola Adekunle-Bello Esq
H.F. Owokoniran Esq
T.Olanrewaju Daud Esq
B.E. Okeowo Esq
APPEAL NO: CA/LAG/CV/445/2020, THE GOVERNOR OF LAGOS STATE & ORS VS WAHAB ADELANI SOYOYE & ORS
The judgment in this case is as a result of an appeal filed by the Lagos State Government and its Agencies “the Appellants” against the judgment of the Federal High Court, Lagos Division (the trial Court) per Coram Liman J. delivered on 10th February, 2014 in favour of the Applicants (now Respondents).
The Respondents as the Applicants at the trial Court instituted this action via an Originating Motion dated 20th June, 2008 seeking principally a Declaration that the continuous threat, harassment and intimidation to demolish the Applicants’ properties situate, lying and being at No. 2, 2A & 2B Beach Road, Ipakodo, Ikorodu. Lagos State respectively by the Respondents (Lagos State Government and its Agencies now Appellants) is illegal, unjustifiable and unconstitutional as it violates the Applicants’ fundamental rights to respect of dignity of their persons and right to property guaranteed by Sections 34 & 43 of the Constitution of the Federal Republic of Nigeria and Article 2, 4, & 14 of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act, Cap 10 Laws of the Federation of Nigeria, 1990.
The Respondents also sought a Declaration that the conduct and acts of the Respondents to compulsorily, forcefully and unlawfully acquire the Applicants’ aforesaid properties without due process of law is illegal, unlawful and unconstitutional. As a result, the Applicants sought the sum of N30, 000,000.00 (Thirty Million Naira) as damages against the State Government.
The Appellants filed a Notice of Preliminary Objection challenging the jurisdiction of the trial Court to entertain the Applicants’ suit on the ground that subject matter of the suit is land. Hence, the trial Court did not have jurisdiction to entertain the suit.
The trial Court heard the substantive suit and Preliminary Objection together and on 10th February, 2014 via its judgment dismissed the Preliminary Objection and awarded the sum of N30 Million in favour of the Applicants (now Respondents).
Being dissatisfied with the judgment of the trial Court, the Appellants filed an appeal against the judgment.
The Court of Appeal in its judgment delivered on 28th of November, 2022 allowed the appeal and set aside the judgment of the trial Court on the ground that trial Court lacked jurisdiction to entertain the suit as presently constituted as same is a land matter.
SUIT NO. LD/5712GCM/22, CHIEF OLABODE GEORGE & 2 ORS. VS THE EXECUTIVE GOVERNOR OF LAGOS STATE & 2 ORS.
The Claimants instituted this action by way of an Originating Summons dated 13th April 2022 against the State Government and its Agencies challenging principally the imposition of tolls at the Lekki Toll gate and Ikoyi Link Bridge as same is against the public’s fundamental human rights to freedom of movement. In addition, the Claimants sought an Order that the proposed re-opening of Admiralty Plaza Tollgate on the Lekki-Epe Expressway and the Ikoyi-Lekki link Bridge is unlawful and illegal.
The Claimants’ case is that there is no alternative road or roads provided by the Lagos State Government as it is the responsibility of the State Government to provide motorable roads for commuters in the State and there is no enabling law empowering the State Government to use the 3rd Defendant (Lekki Concession Company “LCC”) to collect tolls on either Lekki-Epe Expressway or the Ikoyi-Lekki link Bridge.
The Lagos State Government on the other hand filed a Notice of Preliminary Objection on the ground that the Claimants did not have the Locus Standi to institute the action having not disclosed in their pleading that they make use of the roads subject of the suit. The State Government also in its pleading before the Court denied that there are no alternative roads on the Lekki-Epe Expressway, Lekki, Lagos. It was the position of the State Government that alternative roads exist on the corridor.
The Court after the hearing of the substantive suit and Preliminary Objection together via a judgment delivered by Hon. Justice Ashade on 25th of November, 2022 agreed with the State Government that the Claimants did not have Locus Standi to institute the action. The Court stated that the Lagos State Government has by its pleading shown that alternative roads exist on the Lekki-Epe Expressway, Lekki, Lagos. The suit was accordingly struck out.
SUIT NO. LD/1149MFHR/21, AKINDELE ILESANMI ALFRED VS GOVERNOR OF LAGOS STATE & ORS
The Applicant instituted this action by way of Originating Motion challenging the Respondents (the Lagos State Government and its Agencies) alleged acquisition, invasion, takeover and demolition of his property situate at Plot 12, Block 1, Seagate Phase II, Ikate Ancient City, Eti-Osa Local Government Area of Lagos State.
The Applicant alleged that the demolition of his property is contrary to his fundamental rights as entrenched in the Constitution of the Federal Republic of Nigeria 1999.
The Respondents filed a Counter-Affidavit and a Notice of Preliminary Objection challenging the jurisdiction of the Court to entertain same as the action was wrongly commenced and same did not fall under fundamental human rights claims/actions. According to the State Government, the matter relates to physical planning.
The Court via a judgment delivered by Hon. Justice Ashade on the 21st of October 2022 agreed with the State Government’s position and struck out the suit.
SUIT NO. ID/12022LM/2022, HIS ROYAL MAJESTY, OBA LAMBE TAIWO & 7 ORS. VS THE EXECUTIVE GOVERNOR OF LAGOS STATE
The Claimants in this suit instituted this action by way of a Writ of Summons dated 9th June, 2022 against the Defendants (the Lagos State Government and its Agencies).
The Claimants alleged that they are the owners and the only family entitled to compensation in respect of the compulsory acquisition of the land in dispute situate and being at Plots 412/420 along Lagos Abeokuta Expressway, Abule-Egba, Lagos State.
The Lagos State Government filed a Notice of Preliminary Objection challenging the jurisdiction of the Court to entertain the suit on the ground that it constitutes an abuse of Court process as the Claimants in the suit have similar suits against the Lagos State Government and other parties on the same subject matter, i.e., Suit No. ID/7944GCMW/2022, Chief Shina Osho & Ors. Vs. Segun C. Kehinde Taylor & Ors.
Upon the hearing of the Preliminary Objection, the Court via a Ruling delivered by Hon. Justice Y. Oshoala on the 29th of November, 2022 struck out the case for being an abuse of Court process.