Chief Emeka Odumegwu Ojukwu V. Military Governor of Lagos State & Ors (1985)

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NNAEMEKA-AGU, J.C.A.

This is an application by the applicant and the Party Interested for the following reliefs:

“(i) Pursuant to Section 222(a) of the Constitution of the Federal Republic of Nigeria, 1979, granting leave to Ojukwu Transport Limited to appeal from the decision given herein by the Lagos High Court on the 11th of October, 1985;

(ii) Pursuant to its inherent jurisdiction, directing that the appellant shall be reinstated in his residence at No. 29, Queen’s Drive, Ikoyi and that all officers, servants, agents and functionaries of the Lagos State Government shall be restrained from evicting or taking any steps to evict the plaintiff from his residence at No. 29, Queen’s Drive, Ikoyi, pending the determination of the appeal herein;

(iii) Such further or other order as this Honourable Court may deem fit to make.”

The grounds of appeal intended to be filed by the Party Interested if leave is granted are also stated as follows:

“(i) The learned trial judge erred in law in holding that the property at No. 29, Queen’s Drive, Ikoyi, became vested in the Committee on Abandoned Properties under Section 5 of Edict No.8 of 1969 when the property in question is not an “abandoned property” as defined under Section 20(2) of the said Edict.

(ii) The learned trial judge erred in law in failing to observe that even if the plaintiff herein entered into possession of the property at No. 29, Queen’s Drive unlawfully, it is the prerogative of the Party Interested or anyone lawfully claiming through or under it and not that of the Lagos State Government to oust the said plaintiff from such possession.

(iii) The learned trial judge erred in law in holding in effect that as against the Government of Lagos State and/or its agency (the Committee of Abandoned Properties) the possession or occupation of the property at No. 29, Queen’s Drive by the plaintiff is unlawful when such possession is, in law, good and lawful against the whole world except against the Party Interested or anyone lawfully claiming through or under it.”

The application is supported by a First Affidavit sworn to by Rafiu Babatunde Azeez, the Litigation Clerk in Chief Rotimi Williams Chambers sworn to on the 23rd of October, 1985, and a Second Affidavit by the applicant himself sworn to on the 28th of October, 1985. Also exhibited to the motion paper was a similar application with exhibits before the Lagos High Court and dated 14th day of October, 1985. Some of the exhibits were a letter from “Osagie, Okeke, Otegbola and Co., Estate Agents, dated 19th day of November, 1984, (Exh. “A”) to the Permanent Secretary, Department of Housing, Lands and Development Matters for Lagos State Government; a letter from the Commissioner of Police, Lagos State Command, dated the 4th of September, 1985, and addressed to the applicant, (Exh. “B”), the ruling of the Lagos State High Court, per Omotosho, J., of the 11th day of October, 1985 (Exh. “C”), and a second counter affidavit of Alhaji Saminu Daura, Commissioner of Police sworn to on the 18th of October, 1985, (Exh. “5”). In another ruling of the High Court dated the 23rd day of October, 1985, (Exh. “6”), it refused the prayers now being urged on us.

The background facts from which this application has emerged could be summarized briefly. The whole story relates to a house at No. 29, Queen’s Drive, Ikoyi. It is common ground and confirmed by the affidavit on behalf of the respondents as well as the rulings of the learned judge of the lower court that this property belongs to Ojukwu Transport Ltd., the Party Interested. Up to a point subsequently, it was occupied by G. Cappa Ltd. The respondents regard this property as abandoned property, the management of which lay with the Lagos State Abandoned Property Committee, but the actual letting of the property would appear to have been handled by Osagie, Okeke and Otegbola (hereinafter called Estate Agents). I shall deal with the manner in which the applicant first moved into the house in due course.

The applicant started using the house as his home with his family since the 16th of November, 1984. His occupation of the house was confirmed by a letter dated 19th November, 1984, Exh. A to the counter affidavit in the court below, from the Estate Agents to the Permanent Secretary, Department of Housing, Military Governor’s Office, Lagos State. It does appear, the applicant remained in peaceful occupation of the house and premises from that date till the respondent wrote to him a letter No. LGS.539/S.2/258 dated 12th August, 1985, requiring him to move out of the house by 28/8/85 or be ejected. He did not move out of the house. Obviously, for reasons which are now apparent, the ejectment did not take place. By another letter dated 4th September, 1985, the Commissioner of Police, Lagos State, informed the applicant that if he did not hand-over the keys to Government agents by the 11th of September, 1985, he would be ejected by force. The applicant did not move out but decided to go to court. By a writ of summons dated the 5th of September, 1985, the applicant sued the respondent claiming as follows:

“(a) A Declaration that the decision of the defendants to eject the plaintiff from his house at No. 29, Queen’s Drive, Ikoyi, Lagos State if the plaintiff does not vacate the said house on or before the 11th day of September, 1985, is unlawful, illegal and ultra-vires the provisions of the Constitution of the Federal Republic of Nigeria, 1979.

(b) An injunction restraining the defendants whether by themselves or by their servants, assignees or privies from ejecting the plaintiff and the members of his family from the plaintiff’s house at No. 29, Queen’s Drive, Ikoyi, Lagos State.