By Henry Ojelu

A former Information Commissioner in Ekiti State, Sir Kayode Otitoju, has described as untrue, claims by Punuka Investment Limited that he trespassed on the disputed Lekki setback.

He maintained in a statement that he legally applied for and has been paying for the setback as far back as 2001.

Otitoju said he got the necessary approvals.

According to him, Punuka’s right of adoption does not extend to the road setback allocated to him, therefore, he cannot be labelled as a trespasser on his own parcel of land.

He said: “I formally applied for allocation of a road setback in February 2001 (23 years ago) filling the Application for Land Use Form T-PRS 0005418 with proof of payment for the application, with treasury receipt No: 190759 dated the 9th February 2001.

“The Lagos State Government through its Lands Bureau, Governor’s Office vide Letter Ref: No LB/314/S.17/37 of 9th August 2001, allocated the road setbacks to me. The then Surveyor General, Lagos State (Remi Olatunbosun) also issued the location map showing the allocated road setback land in issue.

“My application to develop the road setback dated 5th of February 2003 got approval with a Development Permit dated 24th of July 2003 with Reference No: OPP/LUM/539/28 issued to me by the Ministry of Physical Planning.

“At this juncture, I have to state categorically that there was no Drainage Canal passing through the Road Setback until the year 2014 when a canal (2009 – 2014) was constructed and completed) by the Lagos State Government, thereby changing the description of the allocation from Road Setback to Road/Canal Setback.”

Otitoju said the setback has never been under the control of Lagos State Parks and Garden Agency (LASPARK).

“In fact, the Road Setback was allocated and has been in my possession since year 2001, (a decade before the LASPARK was created vide LASPARK Law 2011),” he said.

The former commissioner added: “The long stretch of land constituting the Road Setback, after operating it solely as Horticultural Land, prior the construction of the Drainage Canal in 2014; in response to Land Use and Urban Input/Output Dynamics; has the LEKKI FARMS (which is owned by my wife – Oladunni Otitoju), duly Licensed to operate Abattoir, by Lagos State Ministry of Agriculture at one end. (This covers the back of Plots 9, 10, 11, 12 and up to the tail end of the Cable Point Estates Culvert on Block A10, Layi Yusuf Crescent, Lekki Peninsula Scheme 1, Lagos) and a duly Licensed Mechanics Workshop for JUKOT VENTURES NIGERIA LIMITED, by Lagos State Ministry of Transportation at the other end covering the back of Plots 6, 7 and 8 of Block A10, Layi Yusuf Crescent, Lekki Peninsula Scheme 1, Lagos.”

According to Otitoju, it was Punuka Investment that trespassed on the road setback allocated to him.

He said: “Sometimes in 2023, one of the occupants of the eight Plots on Block A10 abutting the Setback, PUNUKA Investment Limited (new owner just from March 2020, of the former OCEANIC BANK / ECO BANK of Plot 7, Block A10, Layi Yusuf Crescent, Lekki Peninsula Scheme 1 – purportedly owned by Chief Anthony Idigbe SAN); started laying claims to part of the portion where my mechanics workshop is sited at the other end of the Road Setback, under the guise that it had adopted the same concrete portion for Landscaping, pursuant to a nebulous Letter of Adoption issued it by Lagos Parks and Gardens Agency (LASPARK).

“The same PUNUKA / Anthony Idigbe SAN after a failed attempt to illegally cut the Iron Fence erected by Cecilia Ibru of the defunct Oceanic Bank (to demarcate the back of her Plot 7, Block A10, Layi Yusuf Crescent, abutting part of my 2,050.873m2 Mechanics Workshop) to attain possession, filed a suit against me for trespass.”

Otituju said contrary to Punuka’s claim, there is no one single and whole property known as Plot 7, Block A10 & A11, Admiralty Way, Lekki Peninsula Scheme 1 but Plot 7, Block A10 & A ll, Layi Yusuf Crescent, Off Admiralty Way, Lekki Peninsula Scheme 1, as Block A10 is separated from Block A11 by the Layi Yusuf Crescent.

The ex-commissioner stated that the property described by the claimant is different from the property it adopted which was allotted to the claimant by the Lagos State Parks and Gardens.

Otituju added that the Lagos State Park and Gardens was aware of his interest in the road setback long before the purported provisional approval was granted to Punuka Investment.

Otitoju said he is the lawful and rightful owner of the premises in dispute and has continued to remain in active and undisputed possession as he had initially offered the parcel of land for use as a car park to Punuka.

He said from 2001 till date, he has been consistent in paying the land use charge as assessed and demanded by the Lagos State Government.

The ex-commissioner insisted that he was granted a permit to use the said space as an auto workshop as the former governor of Lagos State, Akinwunmi Ambode’s campaign vehicle were all branded on the same land by Messrs Philly & Mools, who were his hitherto tenants until their term of years expired.
Otitoju maintained that Punuka’s right of adoption does not extend to the road setback allocated to him and to that effect cannot be labelled as a trespasser on his own parcel of land.

He said Punuka Investment has no right over the land in dispute and does not deserve any form of protection.

Expressing his shock on the issue, the erstwhile Commissioner said: “I had known Anthony Idigbe SAN since 16th, February 2011 when I sought his Legal Opinion ‘on the right of action in respect of the outcome of the Senatorial Primary Election in Ekiti North Senatorial District’.

“Again, when I was elected the Chairman of the Lekki Residents Association (LERA), in May 2018, Chief Anthony Idigbe SAN was the one invited by LERA to administer the oath of office on me.

“Even when he was on the verge of acquiring the property at Plot 7, Block A10 and he got to know through a former Director of Ecobank that the Open Space abutting the back of Plots on Block A10, Layi Yusuf Crescent, Lekki Scheme 1, belonged to me, he got assurance from me that I would consider him as my future Tenant for sake of Car Park.

“Early 2021 when the seven years Tenancy of Messrs Philly and Mool Automobile expired and Idigbe was on his Site at the Demolition Stage of the Ecobank, I gave him reassurance that I would consider him before EVERCARE Hospital for car parking. I never knew that Idigbe had cleverly gone to LASPARK to adopt part of my road setback.

“As God would catch him, he applied to LASPARK to Adopt ‘Space abutting Plot 7, Block A10 and A11, Admiralty Way Lekki Peninsula Scheme 1’ LASPARK approved PUNUKA Application after two years.
“Later in 2023 when its Motion for Interlocutory Injunction against me was dismissed by Justice Pokanu, he realised that there was no single plot in Lekki Peninsula Scheme 1 known as ‘Plot 7, Block A10 and A11, Admiralty Way Lekki Peninsula Phase 1’.

“There and then, Idigbe SAN/PUNUKA filed another Motion for Amendment of his property to read ‘Plot 7, Block A10, Layi Yusuf Crescent Lekki Peninsula Phase 1. His amendment was granted by Hon. Justice Olukolu.

“I was not pleased with the ruling. Consequently, I directed my lawyer to file an appeal, hence the compilation and filing of the appeal at the Federal Court of Appeal, Lagos State.”

He said Justice A.F. Pokanu in his ruling dismissed Idigbe’s claims on August 17, 2023.

The judge ruled: “In view of the findings I have made above and in the light of authorities above, I hereby make an order for accelerated hearing of this suit in line Order 42 rule 2 of the High Court of Lagos State (Civil Procedure) Rules 2019.

“The Claimant/Applicant Motion on Notice for Interlocutory Injunction dated 3rd July 2023 is accordingly dismissed.

“In Its stead, I hold that justice of this case demands and I hereby order accordingly, that both parties are restrained from tampering with the RES by way of building, construction, or any development either by themselves or through their assigns, privies and representatives pending the final determination of this suit. Order of Early Trial is hereby made.”