Court Frees Ajiwe Community From Olumegbon’s Overlordship

The High Court of Lagos State on December 21, 2017, liberated
the Ajiwe community in Ajah in Eti-Osa Local Govt Area of Lagos
State, from the Olumegbon Family’s claim of overlord.

In a landmark judgment delivered by the Honourable Justice Ronke
Harrison, the Court held that there was no basis in law, upon which
Chief Olumegbon could claim to be an overlord over Ajiwe community,
based on recent developments of acquisition and excision of land by
the Lagos State Government. Consequently, the court issued an order
directing Chief Fatai Abiodun Olumegbon to forthwith refund all
money forcefully collected from the claimant as overlord, as such
title could not operate to override the one created by government
through the excision.

The facts of the case are that the claimant, Mr. Emmanuel
Bajulaiye, bought two plots of land situate at Cele Bus Stop, Ajiwe
Village by Liberty Square, along the Lagos Epe Expressway in year
2001, from the Afini family of Ajiwe, who are beneficiaries of an
excision granted by Lagos State pursuant to Lagos State Official
Gazette No. 9 Vol. 29, issued at Ikeja on the 28th March, 1996. The
claimant took steps by fencing the entire land and was in active
possession until some armed thugs claiming to be under the
instruction of Chief Olumegbon, confronted the claimant with a
claim of title to the land. These individuals demanded a
re-purchase of the land from Chief Olumegbon, whom they claimed is
the overlord of Ajah and all adjoining land and villages. Out of
fear and to avoid the destruction of his property, the claimant
paid the sums demanded, but Chief Olumegbon only allowed him
possession of one plot, claiming to have sold the second plot to
another person. Claimant’s fence was pulled down and the second
plot was forcefully excissed for the new buyer that Chief Olumegbon
sold the land to.

Claimant then commenced an action at the Lagos High Court,
against Chief Olumegbon, through his lawyer, Ebun-Olu Adegboruwa,
in year 2005. The case however suffered a chequered history due to
the retirement of the trial judge. In her judgment, the Hon Justice
Harrison agreed with the claimant that once land has been acquired
by the government and subsequently excised, the excision creates a
new title, as the acquisition has successfully extinguished the
previous title. To that extent, the court held that the Supreme
Court judgment of year 2002, being relied upon by Chief Olumegbon
to claim overlordship over Ajiwe land, cannot avail him since the
excision specifically creates a new title in favour of Ajiwe
community.

The court however agreed with the defendants that the claimant
did not establish the essential link between the Afini family and
the Ajiwe community and held that she could not be persuaded by the
recitals contained in the deed of assignment executed in favour of
the claimant by the Afini family. The court held further that the
claimant was bound to prove the extent of the land holding of the
Afini family within the excised land but having not done so, the
court could not ignore the evidence adduced by the claimant to
dismiss his case but would rather consider the option of a non
suit, under Order 34 or the Rules, to enable the claimant have
another bite.

Consequently, the court directed counsel to the parties to
address it on the issue of non suit by filing written
addresses.

Reacting to the judgment in his Chambers in Lekki, Mr.
Adegboruwa commended the judge for the rare courage displayed,
stating that the judiciary is still the last hope of the common and
hopeless man. Recalling that a similar judgment freed Igbo-Efon
community from the overlordship of the Ojomu Family in December
2016, he urged Governor Akinwunmi Ambode to move beyond the land
grabbers law, in order to ensure that the true indigenous people of
Lagos State are restored to their ancestral land, instead of the
present situation whereby powerful royal fathers have conerned
virtually all land holdings in Lagos, at the expense of these
helpless indigenes.

He said the judgment constitutes a declaration of freedom for
all indigenous communities that are being oppressed by powerful
overlords, urging all affected persons to summon courage to
challenge all forms of injustice and forceful dominion.

Mr. Adegboruwa however described the situation whereby a case
will drag on in court for twelve years before judgment, as
unacceptable in a Mega City like Lagos, as same will discourage
investment. He urged the Governor and the National Judicial Council
to take the bull by the horn to build more courts and to appoint
more judicial officers befitting of the status of Lagos.

The High Court of Lagos State on December 21, 2017, liberated
the Ajiwe community in Ajah in Eti-Osa Local Govt Area of Lagos
State, from the Olumegbon Family’s claim of overlord.

In a landmark judgment delivered by the Honourable Justice Ronke
Harrison, the Court held that there was no basis in law, upon which
Chief Olumegbon could claim to be an overlord over Ajiwe community,
based on recent developments of acquisition and excision of land by
the Lagos State Government. Consequently, the court issued an order
directing Chief Fatai Abiodun Olumegbon to forthwith refund all
money forcefully collected from the claimant as overlord, as such
title could not operate to override the one created by government
through the excision.

The facts of the case are that the claimant, Mr. Emmanuel
Bajulaiye, bought two plots of land situate at Cele Bus Stop, Ajiwe
Village by Liberty Square, along the Lagos Epe Expressway in year
2001, from the Afini family of Ajiwe, who are beneficiaries of an
excision granted by Lagos State pursuant to Lagos State Official
Gazette No. 9 Vol. 29, issued at Ikeja on the 28th March, 1996. The
claimant took steps by fencing the entire land and was in active
possession until some armed thugs claiming to be under the
instruction of Chief Olumegbon, confronted the claimant with a
claim of title to the land. These individuals demanded a
re-purchase of the land from Chief Olumegbon, whom they claimed is
the overlord of Ajah and all adjoining land and villages. Out of
fear and to avoid the destruction of his property, the claimant
paid the sums demanded, but Chief Olumegbon only allowed him
possession of one plot, claiming to have sold the second plot to
another person. Claimant’s fence was pulled down and the second
plot was forcefully excissed for the new buyer that Chief Olumegbon
sold the land to.

Claimant then commenced an action at the Lagos High Court,
against Chief Olumegbon, through his lawyer, Ebun-Olu Adegboruwa,
in year 2005. The case however suffered a chequered history due to
the retirement of the trial judge. In her judgment, the Hon Justice
Harrison agreed with the claimant that once land has been acquired
by the government and subsequently excised, the excision creates a
new title, as the acquisition has successfully extinguished the
previous title. To that extent, the court held that the Supreme
Court judgment of year 2002, being relied upon by Chief Olumegbon
to claim overlordship over Ajiwe land, cannot avail him since the
excision specifically creates a new title in favour of Ajiwe
community.

The court however agreed with the defendants that the claimant
did not establish the essential link between the Afini family and
the Ajiwe community and held that she could not be persuaded by the
recitals contained in the deed of assignment executed in favour of
the claimant by the Afini family. The court held further that the
claimant was bound to prove the extent of the land holding of the
Afini family within the excised land but having not done so, the
court could not ignore the evidence adduced by the claimant to
dismiss his case but would rather consider the option of a non
suit, under Order 34 or the Rules, to enable the claimant have
another bite.

Consequently, the court directed counsel to the parties to
address it on the issue of non suit by filing written
addresses.

Reacting to the judgment in his Chambers in Lekki, Mr.
Adegboruwa commended the judge for the rare courage displayed,
stating that the judiciary is still the last hope of the common and
hopeless man. Recalling that a similar judgment freed Igbo-Efon
community from the overlordship of the Ojomu Family in December
2016, he urged Governor Akinwunmi Ambode to move beyond the land
grabbers law, in order to ensure that the true indigenous people of
Lagos State are restored to their ancestral land, instead of the
present situation whereby powerful royal fathers have conerned
virtually all land holdings in Lagos, at the expense of these
helpless indigenes.

He said the judgment constitutes a declaration of freedom for
all indigenous communities that are being oppressed by powerful
overlords, urging all affected persons to summon courage to
challenge all forms of injustice and forceful dominion.

Mr. Adegboruwa however described the situation whereby a case
will drag on in court for twelve years before judgment, as
unacceptable in a Mega City like Lagos, as same will discourage
investment. He urged the Governor and the National Judicial Council
to take the bull by the horn to build more courts and to appoint
more judicial officers befitting of the status of Lagos.