Property dispute: Owner accuses Ojo LG of demolishing property despite subsisting Court Judgement
By Onyewuchi Ojinnaka
A property dispute involving its owner Alhaji Ibrahim Abubakar and Ojo Local Government Council of Lagos State has taken a fresh dimension following allegations that officials of the council demolished his property in disobedience to a subsisting judgement of the Lagos State High Court which declared Abubakar the lawful owner and occupier of said property.
In the judgement, the court affirmed the ownership of the property and further restrained the council from trespassing.
Alhaji Ibrahim Abubakar had alleged that at about 1:00 p.m. last Wednesday, the Personal Assistant to the Chairman of Ojo Local Government, accompanied by some 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 judgement delivered by Justice S. I. 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 judgement, 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 Local Government, its agents, servants and assigns from trespassing on the property.
Justice Sonaike also awarded the claimant N1million 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 ₦1 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 though the defendants filed a notice of appeal challenging the judgment, they had taken no further steps to prosecute the appeal.
He further stated that the defendants also filed an application for stay of execution, which remains pending before the court.
According to Abubakar’s counsel , 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 judgement in respect of the property. However, the defendants filed a notice of appeal which they have not taken any further steps to prosecute.
“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 Personal Assistant to the Chairman of Ojo Local Government allegedly led police officers and community thugs to the site and carried out the demolition without any court order,” the claimant alleged.
He maintained that the demolition was carried out in contravention to the subsisting judgement, which not only affirmed his title to the land but also restrained the defendants from further acts of trespass.
As at the time of filing this report, Ojo Local Government Council and the Nigeria Police Force had not responded to the allegations.
