Magodo Estate: We Lack Power to Review Our Judgment, Supreme Court Tells Lagos Govt
The Supreme Court has told the Lagos State Government that it lacks the power to review its own judgment.
The apex court further advised the state government and the Shangisha Landlords Association to resolve their Magodo land dispute amicably.
The five-man panel of the court led by Justice Inyang Okoro advised counsel to the parties to carefully study the decision of the court and come to an agreement as to the proper terms of settlement and thereafter invite all parties to arrive at an amicable resolution of the matter.
During the proceedings at the Supreme Court, Adenrele Adegborioye and Abdulateef Afolabi of BA LAW LLP appeared for the Judgment Creditors/ Applicants (Shangisha Landlords Association); Olumuyiwa Akinboro (SAN) appeared for the Judgment Debtors/Applicants (Lagos State Government), while Olumide Sofowora (SAN) appeared with Deji Fasusi for the respondents.
The court in declining to hear any of the applications, observed that the judgment, having been delivered, the application of the Lagos State Government is tantamount to asking the court to review its own judgment, which it does not have the power to do.
Consequently, the court asked the counsel to go home and study the decision of the court and come to an agreement as to the proper terms of settlement and thereafter invite all parties to arrive at an amicable resolution of the matter.
The court noted that if after that, some persons are still aggrieved, then they should head to the high court and file their suits.
Taking the hint from the court, Akinboro withdrew the Judgment Debtor’s application, while Adegborioye did the same for the application filed by the Judgment Creditors (Shangisha Landlords Association). The applications were consequently struck out.
Recall that a Lagos High Court had on December 31, 1993, delivered judgment in favour of the Shangisha Landlords Association against the Lagos State Government, which was also affirmed by the Court of Appeal, and later by the Supreme Court upon an appeal filed by Lagos State Government.
The lower court had in its judgment held that "members of Shangisha Landlords Association whose lands and buildings at Shangisha Village were demolished by the Lagos State Government and/or its servants or agents during the period of June, 1984 to May 1985 are entitled to the first-choice preferential treatment by the Lagos State Government (before any other persons) in the allocation or re-allocation of plots in Shangisha village."
The court also granted an Order of Mandatory Injunction, directing the Lagos State government to allocate 549 plots to the plaintiffs in the said Shangisha Village Scheme in the Shangisha village.
Dissatisfied with the judgment, the Lagos State government took the matter to the Appeal Court where the lower court’s judgment was upheld.
The matter eventually proceeded to the Supreme Court where the judgment was upheld again, thereby compelling the state government to allocate 549 plots of land to the aggrieved landlords in the area.
Pursuant to the judgment of the Supreme Court and the advice given by the court, the association began negotiation with the Lagos State Government with a view to ensuring an amicable settlement of the reallocation of land at the Magodo Scheme.
In order to give corporate entity and statutory backing to the name of the association (Judgment Creditors) decided to formally register the name of the Association with the Corporate Affairs Commission, with the name, “Shangisha Landlords Association” with registration number 171512.
However, in view of the disagreement as to how to allocate the 549 plots of land, the subject matter of the judgment, the Lagos State government approached the Supreme Court, seeking direction as to how to enforce the Supreme Court judgment.
However the Supreme Court encouraged counsel to the respondents to advise their clients properly to give the Lagos State Government their maximum cooperation in the execution of this judgment.