Legal Nigeria

Ojo council accused of demolishing property despite court order

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By Innocent Anaba

A property dispute involving Ojo Local Government Area, Lagos State, has taken a fresh turn following allegations that officials of the council demolished a property despite a subsisting judgment of a Lagos State High Court declaring the owner the lawful occupier and restraining further trespass.

The property owner, Ibrahim Abubakar, alleged that about 1p.m., July 15, 2026, a top official of the council, accompanied by police officers and suspected thugs, led the demolition of his property at Alaba International Market without any court order.

According to the claimant, the demolition was carried out despite a judgment delivered by Justice S. Sonaike of the Lagos State High Court on February 6, 2025, in Suit No. BD/1020LMW/2015, which affirmed his ownership of the disputed land.

In the judgment, the court declared that Abubakar was entitled to the statutory right of occupancy over the parcel of land measuring approximately 1,679.177 square metres, situated behind Alaba Market, Oniba Road, Sabo Oniba Town, Ojo Area of Lagos State, and covered by Certificate of Occupancy No. 80 at Page 80 in Volume 2007 AC.

The court ordered that the claimant should repossess the portion of the land trespassed upon by the defendants and granted a perpetual injunction restraining Ojo council, its agents, servants and assigns from trespassing on the property.

Justice Sonaike also awarded the claimant N1 million in damages after holding that he had established exclusive possession of the property before the defendants’ unjustifiable intrusion, entry and destruction.
Although the claimant had sought N20 million as damages, the court awarded N1 million while granting the substantive declaratory and injunctive reliefs.

The suit was instituted on June 26, 2015, with Abubakar seeking declarations of title, repossession of the land, a perpetual injunction and damages for alleged trespass.

Reacting to the latest development, the claimant alleged that although the defendants filed a notice of appeal challenging the judgment, they had taken no further steps to prosecute the appeal.

He stated that the defendants also filed an application for stay of execution, which remains pending before the court.According to the claimant, rather than pursue the appeal or await the court’s determination of the pending application for stay of execution, officials of the local government allegedly resorted to self-help.
“Our client had already obtained a valid judgment in respect of the property. Although the defendants filed a notice of appeal, they have not taken any further steps to prosecute it.

They also filed an application for stay of execution, which is still pending before the court.
“Instead of allowing the court to determine the pending processes, they went onto the land and demolished our client’s property.”

The claimant maintained that the demolition was carried out in defiance of the subsisting judgment, which not only affirmed his title to the land but also restrained the defendants from further acts of trespass.

At press time, the Ojo council and the Nigeria Police Force had not responded to the allegation.

Source: Vanguard News

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