LAGOS, NIGERIA — The Catholic Archdiocese of Lagos has escalated its legal battle with the Lagos State Government over a prime piece of real estate on Lagos Island, filing an appeal to overturn a 2018 judgment that awarded the state ownership of the property.
The Archdiocese, acting through the Sole Trustee of the Catholic Archdiocese of Lagos, is asking the Court of Appeal, Lagos Division, to set aside the ruling by Justice I. O. Kasali, which declared the state government the owner of No. 17/19 Okoya Street, Idumagbo.
The appeal, filed under Appeal No. CA/L/W/644/2019, originates from Suit No. LD/120/2000 and challenges the lower court's decision on several grounds.
Central to the church's argument is its claim that the government's 1979 takeover of the management of St. Patrick's Catholic Primary School did not amount to a transfer of land ownership.
The Archdiocese contends that it legally acquired the entire property from the Lagos Executive Development Board through a conveyance dated September 15, 1938.
The title document, registered as No. 27 at page 27 in Volume 483 at the Lands Registry, Alausa, serves as primary evidence of its ownership, the church argues.
It further states that there is no proof that its proprietary interest in the land was ever lawfully revoked by the state government.
According to the appellant, the disputed property comprises a large tract of land covering Block 1, Plots 1, 2, 3, 16, 17, and 18, which houses St. Patrick's Catholic Church and the primary school.
The church maintains that the state government only claimed to have acquired the school, not the church premises or the entire property.
It accuses the trial court of failing to distinguish between the school premises and other church facilities, including a dilapidated structure that previously served as a school building and church hall before a new school was constructed.
The Archdiocese insists this old structure was used for Sunday services and other religious activities and was never used by the government after it took over the school's management.
In its proposed amended notice of appeal, the Archdiocese faulted the trial judge for declaring the entire property government-owned without sufficient evidence to establish the precise boundaries and extent of the land allegedly acquired. It argues the government failed to produce the relevant acquisition instrument or define the exact portion of the property it purportedly acquired.
The church also challenged the lower court's reliance on an alleged admission that the government took control of schools in 1979 under Governor Lateef Jakande's administration. It argues that admitting to taking over a school's management does not, by itself, establish ownership of the land on which the school stands.
The appeal raises significant legal questions concerning the proof of title to land, the requirements for granting declaratory reliefs, and compliance with laws governing the acquisition of private property, including the Land Use Act and Section 44 of the 1999 Constitution. The Archdiocese also cited the case of Archbishop Okogie v. Attorney-General of Lagos State (1981) in support of its arguments.
The Archdiocese is seeking an order from the Court of Appeal to set aside the High Court judgment, dismiss the government's counterclaim, and grant the church's counterclaim in its entirety. The appeal is built on 10 grounds challenging the trial court's findings on ownership, the alleged acquisition, and the evaluation of evidence.
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