Prominent lawyer, Enikuomehin, files 232-paragraph statement of defence, counterclaims
The Oni-Orisan family of Epe in Epe Local Government Area of Lagos has dragged the state government and some individuals and corporate bodies to court over the acquisition of its ancestral land in 1993 purportedly for overriding public purposes.
The case is before Lagos State High Court, Epe Judicial Division, while hearing has been fixed for December 10.
At the centre of the ‘claims and counter claims’ before Hon. Justice W. Animahum (Court 1) are Governor Babajide Sanwo-Olu of Lagos State, the Attorney General of Lagos State, retired Supreme Court Justice Hon. Justice G.A. Oguntade (JSC), the Oloja of Epe, HRH Oba Kamarudeen Animashaun, Landmark Corporate Realty Ltd, Harmony Garden Estate Development Ltd and several other high-profile individuals and corporations.
The case, which came up for mention on Monday, October 21, 2024, before Justice Animahum, has been adjourned until Tuesday, December 10, 2024, when the court will hear various applications from both sides.
Popular Lagos lawyer, Dr. Benson Enikuomehin, FCPA, from Benson Enikuomehin & Co is leading the defence team.
Dr. Enikuomehin and his team of eight prominent legal practitioners have filed a robust defence, which includes a 232-paragraph statement of defence and counterclaims.
The case was brought by Chief Adenusi Michael and seven others.
At the centre of the dispute is a vast expanse of land at Oko-Orisan Village, Epe Local Government Area.
The plaintiffs filed Suit No. EPE/12869/LMW/2022, accusing the defendants, including Alhaji Moshood Oni-Orisan and two others, of unlawful possession and use of the land.
Representing the Oni-Orisan family, the defendants have enlisted the legal expertise of Dr. Enikuomehin.
The dispute dates back to 1993, when the Lagos State Government, under the military, acquired approximately 1,047 hectares (2,587 acres) of land from the Oni-Orisan family for “overriding public purposes”. The acquisition was documented in Lagos State Government Global Acquisition Notice No. 20, published in May, 1993.
Although portions of the land were later returned to the family in 1994 via an official gazette, the Oni-Orisan family claims the government has been allocating the land to private individuals and corporations instead of using it for public purposes, violating the Land Use Act of 1978.
The family also accuses the Lagos State Government of failing to pay compensation for the land for over 30 years. Through their legal counsel, they have submitted over 30 exhibits, including aerial surveys of the land, to support their claims.
They are seeking more than 20 declarations, orders and damages against the state government and other defendants.
Adding weight to their case, the Oni-Orisan family has already won three judgements against trespassers on the disputed land, up to the Court of Appeal.
These judgements are part of the evidence presented to the court for the high-stakes legal battle involving prominent Nigerians.
The expanse of land acquired by the Lagos State Government at Oko-Orisan Village was about 1,047 Hectares (2,587Acres).
An additional expanse of land which measures about 2,000 Hectares was also acquired from the family land at Oju-Ota.
The family of Oni-Orisan has alleged that the Lagos State Government rather than using the land for OVERRIDING PUBLIC PURPOSES, has now begun to allocate the land to the various Defendants named in the Counterclaims for their private uses. The family has said that Section 28 of the Land Use Act, 1978 does not authorise the Government to acquire their family land so as to allocate same to individuals and corporate organisations for private uses.
