The Ojora Royal Family of Lagos has dragged the Federal Government, the Central Bank of Nigeria (CBN), and SANEF Creatives Limited before the High Court of Lagos State over alleged unlawful encroachment and commercial development on portions of their ancestral land surrounding the National Theatre, Iganmu, Lagos.
In the suit, His Royal Majesty, Oba Abdul-Fatai Aremu Aromire, the Ojora of Ijora and Iganmu Land, and Chief Shamusideen Olaniyi Ojora, the Odofin of Ijora and Iganmu Land, are seeking judicial declarations and injunctions to restrain the defendants from what they described as continued trespass and illegal occupation of their hereditary land.
The defendants named in the suit include the Attorney-General of the Federation and Minister of Justice, the Minister of Arts, Culture, Tourism, and Creative Economy, the Federal Ministry of Arts, Culture, Tourism, and Creative Economy, the Central Bank of Nigeria, and SANEF Creatives Limited.
According to the royal family, the land in question, covering the area upon which the National Theatre and its adjoining developments are located, forms part of their hereditary domain, which has remained in their possession for over five centuries under Yoruba native law and custom.
They emphasised that the Ojora Royal Family belongs to the Idejo class of traditional land-owning families in Lagos, alongside the Oniru, Onikoyi, Aromire, Oloto, and Oluwa families, whose rights to extensive parts of Lagos Island, Iganmu, Ijora, Apapa, and Surulere have been consistently upheld by several judicial pronouncements, including decisions of the Supreme Court.
In their statement of claim, the family recalled that their title to Iganmu land had been affirmed in Chief Adesina Jinadu & Ors v. Chief Israel Esurombi Aro & Ors (SC/54/2005), where the Supreme Court, on April 3, 2009, upheld their ownership.
Following that judgment, a warrant of possession was issued and executed by the Lagos State High Court on July 31, 2009, confirming their lawful title.
Despite these judicial pronouncements, the family alleged that the Federal Government, through the CBN and the Ministry of Arts, Culture, Tourism and Creative Economy, unlawfully allocated portions of the Iganmu land to SANEF Creatives Limited for commercial redevelopment projects within the National Theatre complex.
They further claimed that SANEF Creatives has commenced large-scale construction activities on the disputed land under the supervision of the CBN and the Ministry, without seeking or obtaining their consent.
The claimants described these actions as a flagrant violation of their constitutional and proprietary rights.
The royal family said that between December 2022 and July 2023, they wrote multiple protest letters to the relevant ministries and agencies of government demanding a halt to the ongoing developments, but their pleas were ignored.
They also cited a long list of previous judgments and consent rulings that reaffirmed their ownership of the Iganmu land and its environs.
These include rulings in Suits No. LD/562/72, CA/L/86/2001, LD/212/2013, LD/2588LMW/2022, and LD/4148LMW/2022, which the family said consistently upheld their proprietary rights over the land.
According to the claimants, the actions of the Federal Government, the CBN, and SANEF Creatives are unlawful, unconstitutional, and null and void, in light of the long-established judicial confirmation of their ownership.
Through their counsel, Chief Bolaji Ayorinde, SAN, of BALAW LLP, the Ojora Royal Family is seeking several reliefs, including a declaration that the entire area known as Iganmu Land, including the land surrounding the National Theatre, forms part of the family’s ancestral property.
They also seek a declaration that any act of granting, taking possession, developing, or allocating portions of the land without the family’s approval is unlawful and unconstitutional.
The family further seeks a perpetual injunction restraining the defendants, their agents, privies, or assigns from further trespass, construction, or occupation of the land.
Additionally, they are asking for an order compelling the defendants to vacate the disputed portions of land and restore possession to the family, as well as an award of compensation and damages for alleged trespass and unlawful interference with their property.
The claimants stated that they have complied with the Pre-Action Protocol required under the High Court of Lagos State (Expeditious Disposal of Civil Cases) Practice Direction No. 2 of 2019, and that formal notices were duly issued to all defendants before the commencement of the suit.
The case is yet to be assigned to a trial judge.
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