Lagos Property Saga: Stop Misinforming Public APDCL Tells Parties

Precious Ugwuzor

The management of Associated Property Development Company Limited (APDCL) has urged parties involved in the ongoing legal battle over a property situated at No. 2A Osborn Road Ikoyi,  Lagos to stop misinforming the general public with fake news.

The property, which is currently a subject of litigation before the Federal High Court, Lagos,  has the following as parties; APDCL as plaintiff while the Federal Ministry of Communication and Technology, Otunba Olusola Adekanola, Nigeria Telecommunications Limited, Federal Ministry of Land, Housing and Urban Development were respondents

Implementation Committee on Alienation of Federal Government property and Attorney General of the Federation were also listed as respondent as respondent in the suit.

In a ruling, Justice Daniel Osagor had recently ordered all the respondents with their agents and the police to vacate the premises of the property within seven days.

The order was sequel to an application filed by APDCL over alleged invasion of the property by the police.

The plaintiff in its reaction to a news published by a national newspaper on  July 31, 2023, with the headline, “

Osborn Road Property: FG files motion for stay of execution”, stated that what was in the report was purely propaganda.

APDCL statement by  a concern citizen,who has  been following the issue, Mr  Jonathan Osunbor,

he   stated that the order of Justice Daniel Osiagor made on May 23, 2023 in suit No FHC/L/CS/4767/2008, which ordered that status quo be maintained by parties pending the hearing and determination of the Motion on Notice for mandatory injunction filed by Associated Property Development Company Limited (APDC) has not been appealed.

The statement read in part:” it is important to clarify that the Motion on Notice for stay the execution of the court’s order in  the mentioned suit dated  July 20,  2023 and the appeal made reference to in the report , were filed on behalf of Olusola Adekanola and Nitel/ Mtel in liquidation and not on behalf of the Federal Government or any of its agencies as alleged. 

“What is more is that the appeal filed by Otunba Olusola Adekanola and NITEL/MTEL (in liquidation) is against the above order of court made on July 20, 2023 directing that evidence of compliance with the order made on  May 23, 2023 be filed in court. 

“So as it stands, no appeal has been filed against the order made against NITEL/MTEL in liquidation and Otunba Adekanola to maintain status quo as well as the order made on  July 20, 2023 against the Inspector General of Police and its subordinate to vacate the premises of No 2a Osborne road Ikoyi Lagos and revert possession back to APDCL. 

“In contrast to the assertion made in the article, the property known as 2a Osborne road ikoyi does not sit on 9,191.67m2 but on 4,000m2. The developer entered into a development lease agreement in 1983 with the Ministry of Communications on its land measuring 9191.67meter square. 

“After the completion of the first phase of the project which is today Foreshore Towers, 70 per cent of the land was taken away by third parties who got allocation from the Federal Ministry of Works another federal government agency. 

“This alienation vitiated the agreement APDCL entered with the Ministry of Communication in 1983. As a result of this breach of the 1983 agreement  there was need for the novation of the lease agreement to protect the heavy investment APDCL had made on the first phase of the project. 

“This novation was midwifed and supervised by  the Ministry of Communication who is the lessor and the Ministry of Works and Housing . APDCL did not have any input and was not involved in the negotiations. 

“At the end of the negotiations they came with a Certificate of Occupancy which today is the only Certificate of Occupancy with special clauses whereas the third parties that alienated the 70 per cent of the land got the standard certificate of occupancy for 99 years.

“It is imperative to state that APDCL has met all obligations as spelt out in the Certificate of Occupancy both to the Ministry of Communication and the Ministry of Works and Housing, who are both parties in the pending suit’.

“The Oluwole Rotimi panel made reference to in the publication did not have the mandate to give land to any agency. Even in the panel’s wisdom, the panel still recommended that there is a need to take a second look at ownership claim of NiITEL over the property. 

“The Ministry of Communication has since taken a closer look and has concluded the land belonged to the radio monitoring station as evidence by the survey plan with no LS 148/L/8008/ 1-2. 

“The said Radio Monitoring Station is still part and parcel of Federal Ministry of Communications at no time was the land ceded to any other government agency including Nitel.

“In 2008, APDCL was forced to institute a Suit with No. FHC/L/CS/4767/2008 in the Federal High Court Lagos Division when Olusola Adekanola published the property for sale.

“Curiously, while the aforementioned suit was ongoing an interim forfeiture order was granted against the same property but was vacated by the presiding judge Hon. Justice Inyang Ekwo in Suit No. FHC/AB/CS/1372/2021 on grounds that the property ought not to have been attached being a property subject matter of a pending litigation in suit No FHC/L/CS/4767/2008 . 

“Furthermore, sometime in 2022, a bench ruling was made dismissing the application filed Bureau of Public Enterprises (BPE) to join as a party in Suit No FHC/L/CS/4767/2008. Not stopping there, they tried to use the Ministry of Works to publish misleading documents knowing fully well that the matter was sub judice.

“To the surprise of everyone even while there was subsisting court’s order mandating status quo be maintained, Otunba Olusola Adekanola through BPE as well as the Nigerian Police Force took it a step too far when they forcefully took over possession of the subject matter without any regard or consideration for the pending suit,

“We live in a civilized society where the respect for the rule of law is sacrosanct, why then are law abiding citizens being held hostage by a few individuals because of their selfish desires using their access and contacts with the police high command .

“APDCL has since tendered all of its evidence in the above suit pending at the Federal High Court and it is expected that the other parties should rely on the same process without resorting to bullying and intimidation to malign and discredit the reputation of the developer.

“As at the time of this report, the Police have refused to vacate the premises despite the court order which clearly directs them to do so”.