Family accuses Ogun assembly of meddling in a land matter before court
Bankole Taiwo, Abeokuta
Barrister Kole Oyedele, counsel to Oniraniken of Iraniken, Sagamu, Oba Adewale Adeniji and others representing Oso-Edu family, Okerala village, via Simawa in Sagamu local government has told the Ogun State House of Assembly to stop forthwith its investigation into the family disputed farmland measuring 4511 acres.
Barrister Kole Oyedele, at a press conference attended by the traditional ruler and other family members held at Iperu Remo disclosed that his clients had not only gotten a valid Ogun State High Court judgement dated 18th of April, 2018 affirming their ownership of the family land but there are also about six pending court cases on the same subject matter.
He explained that the position of the law is that when matters are before court of law, such are not to be adjudicated upon by any party as such interferences are not only subjudice but also contemptuous and punishable under the law.
He said that the state assembly had summoned the monarch via a letter dated December 5, 2020 asking him to appear before the House Committee on Land based on the petition written by one Waheed Sodiya, Baale of Kanuyi alleging among other things that the traditional ruler had been using landgrabbers to take possession of the family farmland under dispute.
Barr. Oyedele explained that out of the respect for the assembly, his clients had appeared before the Committee on Lands and had humbly submitted the position of the law on the matter under consideration but it appeared the assembly would want none of this as they have continued to demand for the survey plans of the farmland.
He disclosed further that rather than resorting to any arm twisting tactics, what any member of the assembly who has interest in the disputed family land could at best do is to file a motion to join the suit and that anything less was abuse of court processes and would be vehemently resisted under the law.
He said, “What they are trying to do is to deprive my client, the Osiedu descendant family the benefit of that judgement. Two, they are afraid because of the claim of the Osiedu descendant family that Oke-rala was never part of Makun and is still not part of Makun. It is a matter of historical facts and that is why the Ewusi of Makun came in.
“The State House of Assembly doesn’t have the power to adjudicate over private lands. A family land is a customary land which belongs to a family and the House of Assembly doesn’t have power over that. Only the court can adjudicate, the Assembly cannot award land, it is not a State land and we are telling them to keep off until all the processes in court are exhausted.
“People should ask them what their interest over the land is. They are requesting for the survey plan of Osiedu descendant family, they are not requesting for the survey plans of those various families who don’t even have petitions with before them. What is their interest?”
The family therefore urged the Assembly to stay action on the investigation of the land involved as further action on this matter is subjudicial, contemptuous and will amount to usurpation of the functions of the court which negated the Principle of Separation of Powers as enshrined in the 1999 constitution.
