Rear Admiral Ibikunle Olaiya (Retd) has protested the illegal sale of green areas near Block 113, Lekki Phase 1 by unscrupulous officials of the Lagos State Government against the original master plan that reserved the space for essential public infrastructure.
The retired officer in separate letters to Governor Babajide Sanwo-Olu and Commissioner for Environment, Tokunbo Wahab, for himself and on behalf of concerned Lagosians and residents in the Lekki axis, said it is a matter of grave concern that the green areas have been allocated to someone, who has begun construction.
Titled, “Urgent attention needed: illegal sales of Green Areas near Block 113, Lekki Phase 1” and dated April 26, 2024, Admiral Olaiya said those areas are being sold for personal gains.
His words: “Despite designated green spaces intended for essential infrastructural development, such as road and drainage expansions, and the construction of a light train to accommodate the growing population, these areas are being unlawfully sold for personal gain.
“It is disheartening to witness such actions, particularly considering the significant investments and efforts made in the Lekki-Epe axis over the years.
“Your administration’s commitment to infrastructure development, education, and the preservation of the state’s original master plan has been commendable.
“However, it is troubling to see certain individuals tarnish these efforts by engaging in illegal allocations, especially under your watch as a surveyor by profession.”
Attaching the Survey Plan of Block 113 as evidence, the Petitioner implored the governor to address the issue with the seriousness it deserves.
The mantra “Eko oni baje”, he stated, resonates deeply and emphasises the need to uphold the integrity of the city.
He, therefore, urged him to intervene and halt these illegal activities.
In the letter to the Commissioner, he warned that there could be grave consequences in future “if this illegality is allowed to thrive and the good actions of the Lagos State Government to demolish houses built on canals and setbacks would be difficult to justify.”
The Petitioner wondered why such should be occurring despite the existence of regulatory bodies like the Ministry of Physical Planning and the New Town Development Agency, tasked with overseeing development in the area.
“Permit me to thank you for your prompt response by sending your enforcement task force to stop the illegal construction work and to commend you for the good works you’ve been doing in your Ministry.
“It is therefore disheartening to note that some unscrupulous officials of the State want to tarnish all these works with the illegal allocation and construction on the green areas by proxy,” he stated, urging him to remain resolute in dealing with the issue.
Before the recent letters, he had through his lawyer, Abosede Akande of Law Corporate, petitioned the governor, Ministry of Environment, Ministry of Physical Planning, Ministry of Lands as well as Police authorities, explaining that the green areas were designated for future road expansion and erosion management.
While the Commissioner for Environment ordered that construction should stop, the office of the governor minuted the complaint letter to the office of the Attorney General, who in a letter signed by a deputy director, Adekunle Laditan, dated January 25, requested for the survey plan of the area “for necessary action on the petition accordingly.”
However, while waiting for the outcome of the AG’s intervention after supplying it with the survey plan, “unknown persons”, he said, attempted to begin construction in the designated area, prompting him to petition the Police to stop them.
Reacting to this “interruption”, counsel to the developer, Gainsville Limited, Prof Dayo Amokaye (SAN), in a pre-action letter explained that Gainsville is the beneficial owner of the property by a Statutory Right of Occupancy granted by the Executive Governor of Lagos State and evidenced by a Certificate of Occupancy and a subsequent Deed of Assignment.
He wrote: “Sometime on Friday, March 15, 2024, you deployed naval personnel illegally to intimidate, harass, and violently prevent its workers and agents from taking physical possession of their land and thereby frustrated them from undertaking their contractual obligation to development the land under the mistaken belief and assumption that the said land is a green field appurtenant to your land.
“Our client views this action of yours as a trespass on its land and an unnecessary obstruction primarily to frustrate any development on its land.
“We write to inform you that our client is the bona-fide owner of the above-mentioned property having derived its title under a lawfully granted Statutory Certificate of Occupancy issued by the Executive Governor of Lagos State whose authority and power to manage, control and allocate land to individuals and corporate entities in Lagos State is well enshrined in the Land Use Act, 1978.
“Our client is a reputable and law-abiding corporate organisation and will not unlawfully enter any land without the necessary legal documentation and has not in any manner whatsoever encroached or trespassed on your developed property.
“As a peace-loving corporate organisation, and as required under Order 2 Rule 1(a)(v)(a – c) of the Rules of Lagos State High (Civil Procedure) Rules, our client is open to resolution of the unnecessary and unwarranted confrontation and threats issued by you based on your presumptuous assumptions and erroneous beliefs.”
He warned that if the complaints do not desist from further entering his clients’ land and obstructing any of its agents from lawfully taking physical possession and effecting development and/or trespassing on the land, they shall have no other option than to use all legitimate means to protect its proprietary interest in the land.
Meanwhile, Akande, counsel to the complainants in his response denied that his clients deployed naval personnel to chase away the developers, adding that it was the developer who rather engaged fully armed policemen to forcibly take possession of the land.
He insisted that the land is designated a green verge area that must not be constructed on, explaining that when his clients wanted to build in the space and sought the permission of the authorities, they were categorically denied on the ground that no development would take place there except for road expansion and erosion management.
He asked the lawyer to advise his client to follow the due process of the law by halting further construction on the site and waiting for the outcome of the investigation already kick-started by the office of the Attorney General of Lagos State. (Guardian)
