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Magodo Landowners Condemn Illegal Execution of S’Court Judgement
Wale Igbintade
Some original landowners have described the recent execution of Supreme Court judgement in the highbrow Magodo/Shangisha area of Lagos State as illegal.
A statement issued by their lawyer, Chief Bolaji Ayorinde, SAN, said the illegal execution was in respect of the judgment in suit number ID/795/1988 between the military governor of Lagos State and others and one Adebayo Adeyiga was still pending before the Court of Appeal, Lagos State.
He stated that following the judgement of the Supreme Court, the judgement creditors engaged the Lagos State Government to find an amicable settlement in line with the direction of the Supreme Court and were about to reach an agreement when the illegal execution was carried out.
‘’Surprisingly, one Adebayo Adeyiga without the consent of our Clients, initiated the process of execution of the Supreme Court judgement at the Lagos High Court by applying and causing to be issued Warrant of Possession and Warrant of Execution Forms dated 19th November 2015 purportedly on behalf of all the 549 Judgment Creditors,’’ he added.
According to Ayorinde, upon discovery of the steps taken by the said Adebayo Adeyiga his law firm in an application dated 1st August 2016 on behalf of all the other Judgement Creditors urged the court to set aside the Warrant of Possession/ Warrant of Execution forms dated 19th November 2015.
He stated that, while the said application was still pending before Justice Adebiyi of the High Court of Lagos State, the said Adebayo Adeyiga, allegedly caused the then Chief Judge of Lagos State, Justice Funmilayo Atilade to issue the Warrant of Possession/ Execution Form dated 16th March 2017.
He stated that Justice Adebiyi in her ruling delivered on July 10, 2017, set aside the Warrant of Possession Form N dated 16th March 2017 issued and signed by the Chief Judge of Lagos State in favour of the said Mr. Adebayo Adeyiga.
According to him, the matter is currently before the Court of Appeal, Lagos Division and that counsel is representing the said Adebayo Adeyiga.
He said the issue before the appellate court is whether the Chief Judge of Lagos State can issue and sign a Warrant of Possession/ Execution in favour of Adebayo Adeyiga while purporting to be acting for other 548 Judgement Creditors even though he did not have the authority of the said Judgement Creditors to act on their behalf.
The statement reads: “We are therefore alarmed and surprised that despite the Order of the Honourable Justice Adebiyi of the Lagos State High Court setting aside the Warrant of Possession/Execution issued by the Chief Judge of Lagos State in favour of Mr. Adebayo Adeyiga and despite the pendency of Appeal Number CA/L/1005/2018 the said Mr. Adebayo Adeyiga with the aid of the Police on 21st December 2021 illegally attempted to take possession of the entire land at Shangisha/Magodo in respect of the Judgment when Mr. Adebayo Adeyiga’s right to Levy Execution on behalf of the Shangisha Landlords’ Association/Judgment Creditors is being challenged at the Court of Appeal.”
According to him, he had in a letter of complaint dated December 2021 notified the Attorney General of the Federation and copied the Inspector General of Police and the Commissioner of Police Lagos State that any execution would be illegal in view of the pending Court Order and Appeal before the Court of Appeal.
The statement accused Mr. Adebayo Adeyiga of resulting in self-help in view of the pendency of appeal number CA/L/1005/2018, challenging his right to levy execution on the disputed land.
He added that the court would decide whether Adeyiga who allegedly has only one plot could use the Police to illegally carry out the execution on behalf of other 548 Judgment Creditors without their consent and authority.
‘’The act of Mr. Adebayo Adeyiga and the Police in carrying out Execution in Magodo/Shangisha is illegal and should be totally condemned in the strongest of terms. It is an act likely to cause a breach of the peace in the affected areas. It is also not in consonance with the Direction of the Supreme Court which has led to maximum Cooperation by the Lagos State Government with our Client.
