Bankole Taiwo, Abeokuta
Former Deputy governor of Ogun State and Chairman of Pecol Ventures Limited, Prince Segun Adesegun has slammed a N180m damages suit against Nigeria Deposit Insurance Corporation (NDIC), one Mr Babatunde Oderinde and The Registrar of Titles, Lagos State over alleged invasion of his landed property at Tunde Oshilaja street, Opebi, Lagos and destruction of properties found therein belonging to those who had been authorised to use the land, running into several millions of naira.
Prince Segun Adesegun, through his Counsel, Dr Muiz Banire SAN had filed the suit in a writ of summons dated 17th of March, 2022 before Justice M O Obadina of the Lagos State High Court, Ikeja.
In the suit with number ID/11594LMW/2022, Adesegun claimed that the 2nd defendant, Mr Babatunde Oderinde in connivance with the men of Lagos State Task Force led by one CSP Shola Jejeloye, on the 23rd of January, 2022 at about 5:30am invaded the said landed property destroying properties worth several millions of naira while also carting away different brands of vehicles under repair.
Some of the properties claimed to have been carted away by men of this Lagos Task Force included JAC Pick Up, Ogun State government patrol vehicle, two Honda Odyssey of 2005 and 2008 model, two Mercedes Benz S-Class, Mercedes Benz GL450, 2007 model, Honda Accord 98 model, Acura Legend among others.
He said it was surprising that the men of the Lagos Task Force could still unlawfully invaded this landed property which he bought and paid for from the defunct African International Bank in 2003 despite receiving letter from the law firm of Bonajo Badejo and Co stating the true picture of things of the disputed land while also warning against any act of brigandage and illegalities.
Adesegun disclosed further that he had remained unchallenged over the landed property after its acquisition in 2003 from the defunct African International Bank until 2018, 15 years later, when the second defendant, Mr Babatunde Oderinde dragged him before the Lagos State Langrabbers accusing him of trespassing and taking over his property.
The former Deputy governor said after diligent investigation, the Task Force exonerated him after which the second defendant equally took him before the Economic and Financial Crime Commission (EFCC) over same allegation and was also given a clean bill of health.
Adesegun said he had also discovered that upon taking over the assets and liabilities of African International Bank (AIB) in 2013 by the first defendant, NDIC, it issued the second defendant, Mr Babatunde Oderinde a Deed of Release dated Nov 17, 2017 and registered as 82/82/2094 purporting to have release the landed property to him whereas he (Adesegun) had been given the Deed of Release in 2003.
He explained further that upon discovering this fraudulent act, he had petitioned the Gov of Lagos State in a letter dated September 18, 2020 requesting investigation into the circumstance surrounding the second defendant misrepresentation to the 3rd defendant, The Registrar of Titles, Lagos State which led to the registration of Deed of Release of the landed property that had already been assigned to him since 2003
Adesegun said he was still waiting for the outcome of this petition to the office of Lagos State governor when the Task Force officials on January 20, 2022 pasted notice on the fence of the property asking those using the parcel of land to vacate the place.
He said the next thing he would see was the invasion of the land by the men of Lagos Task Force and that when enquiry was made, the Task Force said that they came at the instance of the 2nd defendant who had said that the property was his.
Adesegun has therefore among other reliefs asked the court to make a declaration that he is the beneficial owner of the land under dispute with a survey plan number BWA/LA/222/92 covered by both Certificate of Occupancy dated 25/7/1994 and registered as 68/68/1994L and a Deed of Legal Mortgage dated April 10, 1997 and registered as 80/80/1999 in the office of the Lagos State land Registry.
The claimant is also seeking payment of N100M damages from the second defendant, Babatunde Oderinde for the unlawful invasion and hijack of his property while the first defendant, NDIC is also to pay a princely sum of N50M for the unlawful issuance of Deed of Release to the second defendant when the same had been assigned to him in 2003 after buying the property.
The former Deputy governor has equally demanded that the defendants must pay the sum of N30M as the cost of the litigation.
However when the case came up on Tuesday for mentioning, Counsel to the Claimant, Dr Muiz Banire notified the court of two applications brought before the court.
Dr Banire SAN said one application touches on abridgement of time such that the hearing of the case fixed for May 25 should be made to be heard earlier while an interim injunction restraining the second defendant from doing anything on the subject matter should also be granted
He said the application is brought pursuant to Order 3 Rule 2; Order 43 Rule 1 of the High Court (Civil Procedure) Rule, 2019.
Banire argued that it was important the court granted these prayers because the 2nd defendant, Babatunde Oderinde had began bringing different prospective buyers to purchase the land and commence its speedy development under the supervision of men of Nigeria police who had been stationed on the land since invasion of the property on January 23, 2022.
He said the court should grant the abridgement of time as well as the interim order restraining the second defendant from doing anything further on the said property otherwise he (second defendant) would succeed in creating third party over the land by developing and selling it.
Banire argued that once the second defendant succeeded with this move, it will pave way for unending litigation while the claimant would not be allowed to enjoy his property and that eventually, the essence of instituting the suit might be defeated.
Justice M O Obadina while reacting to the applications of the claimant said that the defendants had also filled a counter-application before the court but Banire disclosed that the claimant had not been served and would surely file his reply as soon as he was served.
Justice Obadina thereafter granted the interim injunction order restraining the second defendant from doing anything further on the land pending the hearing of the case which is now slated for Monday, May 16 as against previous date of May 25.