Supreme Court Throws Out Lagos Govt’s Application To Interpret 12-Year-Old Judgment In Magodo Land Dispute Ruling

*Advises Lagos Govt, Shangisha Landlords to Resolve Land Dispute Amicably

The Supreme Court has advised the Lagos State Government and the Shangisha landlords to resolve their land dispute amicably, stating that it has no power to interpret the judgement it gave 12 years ago that ordered the government to allocate 549 plots of land to the landlords. The judgement, the court said, was unambiguous.

This means that the age-long land dispute between the Lagos State Government and the Shangisha Landlords Association is far from over, as the Supreme Court has again thrown out the State’s Application for the interpretation of its 12-year old judgment which compelled it to allocate 549 plots of land to the landlords within Magodo Estate as a matter of first priority.

Amidst the crisis that erupted in Magodo area two years ago when the Landlords, led by Chief Adeyiga (Judgement Creditors), attempted to enforce the 12-year old Appex Court’s Judgement, the Lagos State Government, in February 2022, ran to the Supreme Court to seek, among others, the relief and order to vary or review its judgement of February, 10, 2012 in Suit No SC 1/2/2002 between Military Government of Lagos State and Four others versus Chief Adebayo Adeyiga and six others.

The 5-man panel, led by Justice Iyang Okoro of the Supreme Court, recently, told Aare Muyiwa Akinboro, SAN, leading other Lawyers for Lagos State and Olumide Sofowora, SAN, and Deji Fsusi for Shangisha landlords that the Court had no power to do what it was being asked to do and pointedly told both parties in the matter to accept their fate as earlier decided by the Supreme Court. The court therefore advised all parties in the land dispute to go back and resolve the matter amicably.

It was the view of the Justices of the Supreme Court that the judgement was unambiguous and that they were no longer in a position to determine any right or request of any party, prompting the Lagos State Government to withdraw its application before it was struck out by the court.

The legal dispute over Magodo land started about 38 years ago when the Lagos State Government acquired the land in the area and demolished structures, stating that it needed the expanse of land for public use.

But soon after the acquisition and displacement of the original occupants, the land was allocated to individuals for the development of their private homes, prompting the displaced owners, Chief Adebayo and others, to approach the Lagos High Court on behalf of the entire Landlords whose list was attached then in their suit against the government.

The high court thereafter issued allottees an order asking the state government and its agents to stop doing anything on the disputed land until the final determination of the suit, but this order was disobeyed by the government and its allottees, as they continue to sell and develop the area.

The Landlords later defeated the government which was asked to as a matter of first priority allocate 549 plots of land to the Association and its members as contained in the list.

But not satisfied with the judgement, the Lagos State government took the matter to the appeal court where the lower court’s judgement was upheld.

The matter eventually got to the Supreme Court where the judgement was upheld again against the State Government, compelling it to allocate 549 Plots of Land to the aggrieved Landlords in the area.

Two years ago when the landlords seized the entire Magodo Estate in a bid to enforce the Supreme Court’s judgement, the Lagos State Government was able to stop that action by approaching the Supreme Court again with an application for a review and interpretation of its 12-year old judgement.

But recently, the court said the judgment was unambiguous and that it had no power to review its own judgement and therefore threw out the application, after all applications before it were withdrawn by the applicants.