Ojo LG Accused of Demolishing Property Despite Subsisting High Court Judgement

Wale Igbintade

A property owner, Alhaji Ibrahim Abubakar, has accused officials of Ojo Local Government of demolishing his property at Alaba International Market despite a subsisting judgement of the Lagos State High Court declaring him the lawful occupier of the land and restraining the council from further acts of trespass.

Abubakar alleged that the demolition was carried out by the Chairman of Ojo Local Government, who was accompanied by police officers and suspected thugs, without any court order.

The claimant maintained that the demolition was undertaken notwithstanding the judgement delivered by Justice S. I. Sonaike on February 6, 2025, in Suit No. BD/1020LMW/2015, which affirmed his title to the disputed property.

In the judgement, Justice Sonaike declared that Abubakar was entitled to the statutory right of occupancy over a parcel of land measuring approximately 1,679.177 square metres, situated behind Alaba Market, Oniba Road, Sabo Oniba Town, Ojo Area of Lagos State, and covered by Certificate of Occupancy No. 80 at Page 80 in Volume 2007 AC.

The court also ordered that the claimant should repossess the portion of the land trespassed upon by the defendants and granted a perpetual injunction restraining Ojo Local Government, its agents, servants, privies and assigns from further trespassing on the property.

In addition, Justice Sonaike awarded the claimant N1 million as damages after holding that he had established exclusive possession of the land before the defendants’ unjustifiable entry, trespass and destruction. Although Abubakar had sought N20 million in damages, the court awarded N1 million while granting the declaratory and injunctive reliefs sought.

The suit, instituted on June 26, 2015, sought declarations affirming the claimant’s title to the land, repossession of the property, a perpetual injunction and damages for trespass.

Reacting to the latest development, the claimant alleged that although Ojo Local Government filed a notice of appeal against the judgement, it had taken no further steps to prosecute the appeal.

He added that the council also filed an application for stay of execution, which is still pending before the court.

According to the claimant, rather than await the determination of the pending application or diligently pursue its appeal, officials of the council allegedly resorted to self-help by demolishing the property.

“Our client had already obtained a valid judgement in respect of the property. Although the defendants filed a notice of appeal, they have not taken any further steps to prosecute it.

“They also filed an application for stay of execution, which is still pending before the court.

“Instead of allowing the court to determine the pending processes, they went onto the land and demolished our client’s property.

“The Personal Assistant to the Chairman of Ojo Local Government allegedly led police officers and community thugs to the site and carried out the demolition without any court order,” the claimant alleged.

The claimant insisted that the demolition was carried out in defiance of the subsisting judgement, which not only affirmed his title to the property but also permanently restrained the defendants from further acts of trespass.

As of the time of filing this report, Ojo Local Government and the Nigeria Police Force had not responded to the allegations.