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28.02.2017
Community Sues Obasanjo, Others, Over Ownership of Presidential Library Land Akinwale Akintunde The Ijeun-Lukosi Community of Abeokuta, Ogun State has dragged former President, Olusegun Obasanjo to court over the ownership of the expanse of land measuring approximately 179.89 hectares (444.52 acres), where his pet project, the Olusegun Obasanjo Presidential Library (OOPL), is situated. The Claimants, in Suit No: AB/442/2016 filed at the High Court of Ogun State in the Abeokuta Judicial Division, are Chief Benjamin Ogunbona, the Baale of Ijeun-Lukosi Community, Chief Akeem Taoreed, Chief Dele Taiwo and Musiliu Oyegunle. Joined as Defendants in the suit are the Ogun State Governor, Ogun State AttorneyGeneral and Commissioner for Justice, Director of Bureau of Lands and Survey, Olusegun Obasanjo Presidential Library Ventures Limited, Inspector-General of Police and Ogun State Commissioner of Police. The court, presided over by Honourable Justice Olanrewaju Mabekoje had on January 10, 2017 granted the community through their counsel, Fatai Erewunmi and Chief Wakeel Olawale Liady, an interim injunction restraining the Defendants, Obasanjo inclusive, from destroying the Claimants' shrines on the land, pending the hearing and determination of the suit. In a 50-paragraphed affidavit, the Baale of Ijeun-Lukosi Community, Chief Ogunbona, claimed that Ogun State Government compulsorily acquired the land in 1976 for the purpose of building the State Secretariat complex.
Ogunbona said the State Government did not use the land for what it initially acquired it for, but rather, started re-allocating the same land to private individuals for private uses. According to him, more than 100 (one hundred) individuals have now erected private properties on the land, among whom were Obasanjo's Presidential Library, Dr. Kunle Salako (former SSG, Ogun State); Dr. Adeleke Adedoyin, Chief Yomi Majekodunmi, among others. The Presidential Library was said to be the private property of Obasanjo, as contained in a letter written to the community by the National Library of Nigeria on 2nd February, 2016 and signed by the Secretary to the Board/Legal Adviser, Alhaji Aminu Ojaj. Ogunbona disclosed that after the community mounted pressure on the government, it (Ogun State Government) excised 33.253 hectares out of the land to the community in 2011, adding that as provided by law, government did not pay any compensation to the people of Ijeun-Lukosi Community for the compulsory acquisition of their land. "Our land measured approximately 178.89 hectares, which amounted to 444.52 acres of land from time immemorial, and we have exercised undisturbed acts of ownership of same without let or hindrance from any quarters until 1976, when the newly created Ogun State Government compulsorily acquired part of our land. "Although the notice of the acquisition stated that we shall have access to the survey plan showing the boundary of areas so acquired,
but the 1st and 3rd Defendants (Governor of Ogun State and Director-General Bureau of Lands and Survey respectively), never obliged us with a copy of the survey plan and have not given access to any, to sight the said copy. "As provided for under the law, with regard to compulsory acquisition, the 1st and 3rd Defendants never paid compensation to the community for the acquisition of Ijeun-Lukosi Land", he stated. The Baale further claimed that government kept the community in the dark as to the size of the land so acquired from them until 2015 when hundreds of private individuals invaded the land, claiming they have been allocated parcels of land by the governor and the Bureau of lands and Survey. He averred that findings by the community however revealed in the only gazette available, relating to their land, from 1967 to 2010 that only 62.99 acres of the land was actually acquired as published on July 1st 1976 in gazette No 11 Vol. 1. Ogunbona also recalled that when former Governor Olusegun Osoba visited the IjeunLukosi Community on January 18, 2003, he told the community that government had released the land from Secretariat acquisition. He noted that this situation was reversed by Governor Gbenga Daniel immediately after Osoba left office, that he eventually equally authorised the excision of 38 hectares of the land back to the community. Ogunbona and the entire Ijeun-Lukosi community are praying the court for the reversion
of the land to the community as the bona fide owners, since it's no longer used for the original purpose of the acquisition but shared to private individuals. Responding through its lawyer, Mr. Omilana Korede of the Bureau of Lands and Survey, the Ogun State Government confirmed that the acquisition of the land in 1976. Korede in his 12-paragraph affidavit, however, argued that the land was validly acquired, crops properly enumerated and the compensation deposited with the Bureau of Lands and Survey a long time ago. He also claimed that the 38.253 hectares the community said was returned to them in 2011 had also been cancelled by a panel of enquiry set up by the current government. "That sometimes in 1976, the Ogun State government acquired a large area of land which forms part of the large expanse of land measuring 3, 674 hectares for public purpose; to construct State Secretariat. "That the land was validly acquired by the enabling law. That copies of notice of acquisition were served on the affected land owners and villagers and where they were hostile, the notices were posted on conspicuous objects like trees and rock. "That the 38.253 hectares that was claimed by the defendants to have been released to them has since been cancelled by the Panel of enquiry on Lands headed by Justice Abiodun Akinyemi", he stated. The matter has been adjourned to March 23, 2017.
Legal Personality of the Week Obinna Dike, Ph.D
‘Successful Law Practice Requires Character and Passion’ I am Dr. Obinna Dike, the Managing Associate at Alliance Law Firm, Lagos. I am a corporate commercial lawyer with a competence in energy law and policy, and I hold a Ph.D in Energy Law and Policy and Community Development Agreements from the Centre for Energy Petroleum and Mineral Law and Policy, (CEPMLP), the University of Dundee. The title of my Thesis is: Integrating Mining and Petroleum Exploration and Production with Community Development: Towards a Strategic Engagement of Community Development Agreements as an Instrument for Social and Economic Growth, Local Governance and Sustainability in Project Areas. My energy law expertise covers law and policy design advisory, and a wide range of areas from community development agreements to energy sector arbitration, upstream energy practice, and commercial litigation. I started my legal practice with the firm of Olisa Agbakoba & Associates, as an associate in the firm’s Dispute Resolution Practice and as a litigation lawyer. I joined Alliance Law Firm in 2015 after completing my Ph.D. Have you had any challenges in your career as a lawyer and if so what were the main challenges? Yes, I have had to deal with challenges in the course of my practice and academic pursuits. Indeed, my view is that challenges are normal to the life of every lawyer. So, beyond the usual challenges that lawyers face in trying to provide solutions to every litigation or transaction matter that they are involved in, I cannot remember any peculiar challenge that I have been confronted with as a lawyer. But my Ph.D programme was quite challenging for me. It was easily the most challenging experience of my life. What was your worst day as a lawyer?
Thesis with effusive commendation from my examiners. Who has been most influential in your life? The most influential person in my life is easily my elder brother, Chief Virgil Dike and his lovely wife, who is now deceased. I was formed under their influence to become the resilient character that I am today.
Obinna Dike, Ph.D
None that I can remember. What was your most memorable experience? My most memorable experience was the day I received a letter which was addressed to me by the Supreme Court of Nigeria stating that my motion for extension of time within which to lodge an appeal, was heard in chambers and granted. Although, the motion was heard in open court, it was nevertheless gratifying for me considering how young I was at the Bar at the time. This happened in my first year of practice after I was called to the Nigerian Bar. So, it was quite an event for me and I was profoundly elated. In fact, I kept a personal copy of the letter. If I am allowed to name another most memorable experience that I have had, then it will be the day I successfully defended my Ph.D
Why did you become a lawyer? My decision to study law was probably influenced by the social events that happened in Nigeria in my teenage years. That was during the time when Nigeria was under successive military rule. I was in the habit of reading newspapers so I followed every event as they happened. During those years, characters like Chief Gani Fawehinmi, Dr. Olisa Agbakoba, and Femi Falana, amongst many others, were always in the news because of the battles they fought, and the unlawful detentions that they were subjected to by the different military regimes that ruled Nigeria. The phenomenal achievements of these men done in defence of democracy, human rights and the rule of law, certainly influenced my career choice. Their activities motivated many Nigerians to challenge the oppressive tendencies of military dictatorships and I was hugely inspired by them to study law and to become one of the instruments of social change. What would your advice be to anyone wanting a career in law? The usual advice to any person who desires to pursue a career in Law would be that he/ she must be determined and diligent, so as to be successful in any career including a career in the legal profession. In addition to this, I will admonish the person that the legal profession is a great
profession which can be a very useful tool for social engineering, and most Nigerians agree that our country is facing a plethora of challenges that are begging for solutions. So, my advice to such a person would be that he/she must resolve to be part of the solution. To be effective in this, character and passion are critical ingredients. I believe that one of the major problems in Nigeria today is that a vast majority of those who hold the preponderance of power do not walk their talk. Thus, we need more conscientiousness in the legal profession and in Nigeria. If you had not become a lawyer, what would you have chosen? I have had the privilege of becoming a member of the legal profession, which was what I really wanted to do. So, I have not really thought about it. But I can remember that I had many fantasies whilst growing up. For example, as a child, I admired priests and wanted to become a Catholic priest and at another stage in development, I thought about a career as a pharmacist. However, I believe that I was destined to become a lawyer and I am thankful for that. Where do you see yourself in ten years? In ten years, I see myself as one of the major positive influences both in the Legal profession and in Nigeria. My perspective of life is that we are all created and wired up to add value to society, in a way that is unique to our assignments and callings in life. I have deliberately avoided any emphasis on adding more titles, or occupying any particular office whether in the legal profession or in society, because in my view, it is better and more fulfilling to be relevant, than to occupy an office or to hold any position of significance. Relevant people will naturally gain societal placements that may be beyond the reach of most office or title holders.