Justice Wunmi Animahun of the Lagos State High Court, Epe Judicial Division, has struck out a suit filed by three residents of Lekki Gardens Phase 2 Estate, Ajah, against the estate’s management for allegedly denying them access to their properties over unpaid service charges.
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The judgment, delivered on Monday, September 29, 2025, in Suit No. EPD/19703MFHR/2025, dismissed the application brought under the Fundamental Rights (Enforcement Procedure) Rules, ruling that the matter revolves around estate rules and payment obligations rather than constitutional violations. The court ordered no costs against either party.
The applicants—Mr. Aire E. Brunte, Mrs. Omolara Bolaji, and Dr. Julius Utomhin—had approached the court via an Originating Application dated June 11, 2025, seeking declarations affirming their rights to dignity, personal liberty, and property ownership under Sections 34, 35, and 43 of the 1999 Constitution (as amended), as well as Articles 2, 5, and 6 of the African Charter on Human and Peoples’ Rights. They accused the respondents—Dr. Eniola Awolola (Chairman of the Residents Association) and the Registered Trustees of Lekki Gardens Phase 2 Estate Residents Association—of unlawfully blocking their entry through the estate’s main gate and walkway, causing emotional distress and infringing on their ingress and egress rights to plots A32, A23/1, and C3/1.
In their application, the residents alleged that they were being denied access without a court order, describing the actions as arbitrary and unlawful. They demanded a perpetual injunction against further harassment, N25 million in damages for rights violations, and other reliefs. They claimed the denial stemmed from a disputed N24,000 service charge, which they argued was maliciously imposed amid unresolved fee hikes.
The respondents, represented by counsel in a July 3, 2025, affidavit, denied interference with property occupation and asserted that access restrictions were automated via a smart security system approved by residents in 2022 and 2023 general meetings. They stated the applicants had paid fees until late 2024 but defaulted afterward, owing monthly charges that rose from N24,000 to N43,000 in 2025 due to inflation and service costs, including security and waste management. An alternative gate was provided for defaulters, though the applicants described it as non-motorable and distant. The respondents emphasized that the applicants were bound by the estate’s rules, including payment of service charges, which had been increased over time to reflect rising costs of estate maintenance.
In a detailed 14-page ruling, Justice Animahun resolved key issues against both sides where appropriate. She held that while Dr. Awolola acted as an agent of the association, he could still be liable in human rights matters, rejecting a blanket agency defense. However, she found no infringement on property rights, as the dispute concerned access, not title or acquisition.
Crucially, the judge ruled the case ineligible for fundamental rights enforcement, classifying it as a contractual breach tied to estate handbook rules and agreed dues. “Their relationship started as that of contracting parties,” she wrote, likening the setup to toll gates with alternative routes. She noted that the constitutional right to free movement (Section 41) applies to inter-state or local government travel, not private estate access, and emphasized that rights under Chapter IV are not absolute, especially with unpaid obligations. “Restriction of access to the main gate, when alternative gates exist, does not constitute a breach of fundamental rights. Services are not rendered for free, and the applicants had agreed to pay the service charge to access the main gate,” Justice Animahun ruled.
The court also dismissed claims of abuse of court process, as a related civil suit (LD/10299GCM/2023) involving the applicants’ joinder motion remains inchoate. In obiter, Justice Animahun considered the merits, affirming residents’ binding agreement to dues and the inevitability of reviews amid economic pressures, but struck out the suit to allow pursuit in a regular civil court. The court further held that the applicants’ claims were ancillary to contractual obligations and should be pursued as civil claims rather than under fundamental rights enforcement procedures.
Lekki Gardens Estate Ph 2 JUDGMENT ON RESIDENTS ACCESSCounsel E.S. Otuoniyo represented the applicants, while Chinedu Nwanell appeared for the respondents. No immediate reactions were available from the parties, but the ruling may prompt further civil action amid ongoing tensions over estate levies in Lagos’s upscale gated communities.
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