Court restores Iwaya residents evicted by Lagos Government

Tribune Online
Court restores Iwaya residents evicted by Lagos Government

Justice Ronke Harrison of the Lagos State High Court has given succour to the homeowners and residents of Balogun Street Extension, Iwaya in Yaba area of Lagos by giving an interlocutory judgment, restoring them to their land from where they were forcefully evicted after the demolition of structures by the Lagos State Government.

The community had through their counsel, human rights activist and lawyer, Ebun-Olu Adegboruwa (SAN), filed a case in the court after they woke up to bulldozers and armed military personnel and officers of the Nigerian Police on August 18, 2017, who said they were sent by the Lagos State Government. The team demolished over 100 houses, displacing families and destroying property worth millions of naira.

The landlords and residents in hopelessness had approached Adegboruwa, who took up the case pro bono after finding out that the landlords bought their various plots of land from the Delfino Anthonio Da Meranda family and that had all valid documents of title in proof of their ownership.

They filed the suit before the court asking for a declaration that the demolition and wanton destruction of their houses and structures at Balogun Street Extension, Iwaya, Yaba on August 18, 2017, by the officials of the state government and its allies constitutes an infringement of their rights to property and is unlawful, unconstitutional and illegal.

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They also asked for a declaration that they are entitled to statutory right of occupancy of all that land known as Balogun Street Extension community, Iwaya, Yaba Local Government Area of Lagos State and are further entitled to possession of all that land known as Balogun Street Extension community, Iwaya, Yaba Local Government Area of Lagos State.

The residents further asked the court for an order of perpetual injunction restraining the government, its agents, servants or privies either jointly or severally from trespassing on or further demolishing the structures on their land or severally from taking over or developing the land or selling the land belonging to the claimants known as Balogun Street Extension community, Iwaya, Yaba Local Government Area of Lagos State.

After the case was filed, it went through the mandatory Pre-Trial Conference before it was finally assigned for trial and in the course of trial, the Lagos State Government had informed the court that it was not contesting ownership and possession of the land with the landlords and residents but only concerned with breach of physical planning regulations.

Adegboruwa had consequently applied for an interlocutory judgment on the claims for ownership and possession of the land and the court entered judgment in favour of the landlords and residents based on their claims of ownership and possession.

After the judgment, Adegboruwa had urged the residents to partner with the Lagos State Government to rebuild their houses and take possession of their land.

The judgment marked the rights activist first judgment after his elevation as a Senior Advocate of Nigeria and he described it as his commitment to use his exalted position to help the masses, the poor and the oppressed.

Court restores Iwaya residents evicted by Lagos Government
Tribune Online