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lawnews
Tuesday, 29 September, 2015
4.324 hectare land: Court fixes October 6 for Onikoyi vs FG suit Ayomide Owonibi Odekanyin -Lagos
J
USTICE Ibrahim Buba of the Federal High Court, Ikoyi, Lagos has adjourned till October 6, hearing in a suit over the ownership of a 4.324 hectare land in Lagos. On the said day, the court will hear the preliminary objection filed by Oba Onikoyi challenging the jurisdiction of the court, to entertain the suit brought by the Onikoyi Descendants’ Family. The family had approached the court for an order directing the Federal government to include it in future transfer of land and meeting pertaining to return of properties to the Onikoyi Royal Family. Specifically, the plaintiffs asked the court for an injunction order, restraining Oba Patrick Fafunwa, the Onikoyi of Ikoyi/Moba land from usurping the rights of the 10 branches of Onikoyi Family including sale of land and usage as his personal property. The plaintiffs asked the court for an order partitioning the 4.324 hectares of land subject matter of suit No: LD/769/12 into 10 portions for the 10
branches that make up the Onikoyi Royal Family. The plaintiffs include: Fatai Ogunlana Onikoyi Chief Muritala Adedoyin Elegushi, Alhaji Waliu Dimeji Sulaiman, Onikoyi Animashaun Abdulfatai Kolawole, Mufutau Adeshegun Onikoyi, Oyebode Shadeko, Halim Akinyemi Eshinlokun, Adja Ganiat Onikoyi Carew, Alhaja Taibat Jenmi-Owo and Idris Owoyele. Others are: Alhaji Bilikis Bombata, Lookman Adeshina, Alhaji Tinko Aderemi, Ganiyu Onikoyi, Bolanle Doherty, Alhaja Suliat Shodiya and Fatai Onikoyi Shina for themselves and on behalf of Fafunwa, Ojubiari, Kunayije, Ilumo, Idewu, Kugbamola, Aluko Ajose, Dosumu, Ajiwe and Adelo branches of Onikoyi Royal Family . Sued apart from Oba Patrick Ibikunle Fafunwa are: the Attornney-General of the Federation(2nd defendant), the Minister of Lands, Housing and Urban Development(3rd defendant), the Implementation Committee of the White Paper on the Commission of Enquiry into the Alienation of Federal Government Property (4th defendant) and Unknown Persons(5th defendant).
Beyond the rituals of asset declaration IN my days in the University, I learned a catchy statement from a colleague. I cannot verbatim recollect the statement now. The statement is to the effect that politicians resort to facts when it suits them, when facts are not in their favour, they resort to the law and when it appears that the law is not in their favour, they simply shout! The nation was treated to the theatrics of the arraignment of the Senate President, Dr. Bukola Saraki, before the Code of Conduct Tribunal. The legal team of the Senate President devised all the legal tactics to stall his arraignment. Not a few legal pundits felt uncomfortable with the tactics deployed by the legal team in a nation that is desirous of making things work within the rule of law compass and making our leaders truly work for us. The facts, as they are emerging are that our Senate President has some questions to answer with respect to what he declared as his assets in 2003 in line with the provisions of the Code of Conduct Bureau and Tribunal Act (hereinafter called “the Act”) when he wanted to contest for the position of the Governor of State of Kwara. Since the matter is now subjudice, we do not intend to dwell on its substance today.
From right, deputy governor of Lagos State, Dr Oluranti Adebule; Vice-President Yemi Osibanjo; former Commisssioner, Lagos State Ministry of Environment and celebrant, Dr Muiz Adeyemi Banire and his wife, Funmilayo, when Banire was elevated to the rank of Senior Advocate of Nigeria (SAN), in Lagos, recently. PHOTO: SYLVESTER OKORUWA. According to the plaintiffs’ statement of claim, the Onikoyi Royal Family in 1977 had an executive committee comprising of: the late Professor A. B. Fafunwa, Chief C. B. Onikoyi, Alhaji A.G Onikoyi, Alhaji A.F.
Onikoyi, Alhaji L. Kehinde Onikoyi and Prince R. Olatunji Onikoyi who were to handle the income of the family but due to their failure, a suit was instituted against them in suit No: LD/697/97 on sharing formula and judgment on
the matter was delivered by Justice A. Adeniyi on September 25, 2001. The plaintiffs also contended that the family instituted a suit No: LD/1172/93 against the Attorney-General of the Federation, NITEL, NIJA
ROSE Properties Development Co. Ltd., Executive Government of Lagos State and Attorney General of Lagos State over a 43.143 hectares of land and judgment was delivered by Justice Adetula Alabi in 2003 in favour of the family but the plaintiffs alleged that the land was sold by the executive committee in connivance with the Oba who was crowned in 2007. Furthermore, the Plaintiffs claimed that in 2007, a 4.342 hectares of land covered by water was allocated to the family by Lagos State Government but it was seized by the Federal Government and later settled out of court in suit No: LD/769/12 between the Federal Government and the Oba alone.
Former AG charges women on Will Ayomide Owonibi Odekanyin A former Attorney General and Commissioner for Justice, Mr Dafe Akpedeye SAN has encouraged women on the need to have valid will. Akpedeye pointed out that only a valid will can prevent disputes, quarrels and litig-
Our reference to the case which has now become an integral part of the events that would be told in the history of democracy in our clime is to enlighten our readers about some legal issues thrown up by the legal drama. The Code of Conduct Bureau is established under the Act and is empowered under Section 3 of the Act to receive asset declaration from public officers and keep same in custody. It is also empowered to receive complaints of non-compliance or breach of the Act from members of the public and refer such complaint to the Code of Conduct Tribunal, where necessary to so do. It is odd when public officers would claim that they are not under any legal compulsion to declare their assets at the Code of Conduct Bureau. Section 15 of the Act provides that every public servant shall within 15 months after the coming into force of this Act or immediately after taking office and thereafter submit to the Bureau a written declaration of his assets and liabilities and those of his spouse or unmarried children under the age of twenty-one years at the end of every four years or at the end of his term of office; and in the case of a serving officer, within
ations. Citing the wrong ideals about making a will, the former AG said it is only when a will is in place that personal wishes continue to prevail long after testator has departed. “The African ideal on how death is perceived as a thing not good to talk about has
significantly affected the making of wills leading to litigation on deceased person properties. “A will enables the testator to determine who benefits and gains from his properties upon death. Where a person dies without making a will, the principle of succession will apply to de-
ceased person properties which can enable persons whom the deceased may not wish to benefit from his properties actually benefit or be deprived.” He stressed further that the testator has the opportunity to appoint persons whom he trust to carry out his wishes after death.
legal clinic
By Olatunde Femi Abegunde Esq.ACOArb
m: +234-0803 967 7683; +234-0809 401 7911 e: pinnacle.chambers@yahoo.com, femabed2007@gmail.com f: Olatunde Abegunde & Associates-Pinnacle Chambers
thirty days of the receipt of the form from the Bureau or at such other intervals as the Bureau may specify. Any false declaration shall be deemed as a breach of the Act and any property or assets acquired by a public officer after any declaration and which is not fairly attributable to income, gifts or loan approved by this Act, shall be deemed to have been acquired in breach of this Act unless the contrary is proved. The Code of Code Tribunal is established by section 20 of the Act. All infractions of the Act can be handled by the Tribunal and it has the powers to impose punishments which shall include vacation of office or any elective or nominated office, as the case may be; disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and seizure and forfeiture to the State of any property acquired in abuse or corruption of office. The Act has been in existence as a Decree since 1st January,1991 and it is one those laws which have been re-designated as Acts deemed as having been under the 1999 Constitution of the Federal Republic
of Nigeria (as amended). Many people have questioned the timing of the arraignment of the Senate President before the Code of Conduct Tribunal. They hold the view that his arraignment is politically motivated. It is a view they are entitled to hold but such a view has no place in our criminal justice system. There is no time bar to criminal prosecution. The Senate President is not the only one whose ‘book of remembrance’ can be opened by the Code of Conduct Bureau and Tribunal. All those public officers who cannot account for their stupendous wealth should be getting ready. It is not a defence for a man caught stealing a goat in the market square to say that he should not be made to face the consequences of his action to say that he should not be punished according to the law of the land simply because there are several other thieves who are yet to be caught. We wish the retired, serving and intending public servants all the best as they face the scrutiny of the law to which their actions, while serving us (or serving themselves?), are subjected.