Monday, 10 January 2022 05:41

Magodo issue is a power play of the judiciary and Lagos State govt – Dr Kayode Ajulo

The lawyer, civil right activist and the Mayegun Aare Ona Kakanfo of Yorubaland, Dr Kayode Ajulo described the scenario concerning the police officer’s refusal on last week Tuesday to obey Lagos State Governor Babajide Sanwo-Olu, as a power play of the judiciary and Lagos State Government.

Speaking during an interview with Reuben Abati on City 105.1 FM on Saturday.

The incident has raised a slew of concerns, including state policing, true federalism, and police undermining the authority of a state governor, who is essentially characterized as the state's chief security officer in section 216 subsection 4 of the constitution.

The crisis at Magodo Phase 2 did not start under the watch of Governor Sanwo-Olu; the fight started as far back as 1969.

In 1984 the State started negotiations with the purported owners and We've been told that Shangisha Landlord Association lost out.

According to Dr Ajulo, “…by so doing the property is taken away from them and it was dawn on the landlords that the property taken away to build a hospital; is now sold to other people, and based on that premise they went to court.

“It was over 30 years ago and 29 years ago, Justice Balogun of Lagos High Court, gave an injunction that those landlords are entitled to 549 plots of land to be given to them.

“Instead of obeying court order, the matter moved to Appeal Court, from Appeal Court to supreme court.

“And in 2012, Supreme Court gave the judgement for the landlords that they are entitled to such plots of land.”

Ajulo refered to page 40 of the Court judgement, implying that the judgement emphatically explained and directed that, “these are the numbers of the plot that must be given to the land lords.”

“And what is expected from the government is to obey the law,” he said.

“Giving a contrary order, trying to subvert that reinforcement of that judgment, trying to subvert the pronouncement of the Supreme Court; is an impeachable offence,” Ajulo added.

However, Dr Reuben Abati stated that in 1988 Supreme Court decided; and the 2012 judgement by the Supreme Court is not declaratory.

Abati said, “The court weighed heavily on the side of the doctrine of equity.

“The judgement was not specific in terms of identifying plots of land.

“The judgement creditors who went to take possession are acting on their own.

“Which particular plot are they are attaching?

“Those buildings they marked, have certificate of occupancy,

“The residence of Magodo Phase two are saying that this land was allocated to them.”

Dr Ajulo’s reaction: “The equity of that case demand s that the Lagos government playing about four or three rules; apart from being a judgement creditor happen to be the government of the day, apart from being the government of the day; they are the trustee that hold the trust of the people and they are accountable whole to have been able to have sit down to say look our situation, justice must be done and it is expected within 12 years that this issue would have been resolved.”

Ajulo blamed the Lagos State government as the major provocateur of the Magodo issue.

He described what transpired between the Lagos State Governor the Police Officer a disservice and that incident cannot be used to canvass for State Police.

He described the statement the South West Governors led by Governor Rotimi Akeredolu of Ondo State condemning the act, as being partisan.

In Ajuolo’s words, “the forum of Governor is to defend the governor and not even the state.”

He commended the Lagos State Government for setting up a committee to solve the inherent problem.

 

 

 

 

 

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