Justice Ibrahim Buba of the Federal High Court, Ikoyi, Lagos will on October 6, 2015 hear a preliminary objection filed by Onikoyi of Ikoyi/Moba land, Oba Patrick Ibikunle Fafunwa challenging the jurisdiction of the court to hear a suit filed against him by members of the Onikoyi Descendants’Family.
The Onikoyi Descendants’Family had in the suit No: FHC/L/CS/451/15 filed against the Federal Government and the monarch, asked the court for an order directing the government to include them in future transfer of land and meeting pertaining to the return of properties to the Onikoyi Royal Family.
Joined as defendants alongside Oba Fafunwa are the Attorney-General of the Federation (second defendant), the Minister of Lands, Housing and Urban Development (third defendant), the Implementation Committee of the White Paper on the Commission of Enquiry into the Alienation of Federal Government Property (fourth defendant) and Unknown Persons (fifth defendant).
The plaintiffs include Fatai Ogunlana Onikoyi Chief Muritala Adedoyin Elegushi, Alhaji Waliu Dimeji Sulaiman, Onikoyi Animashaun Abdulfatai Kolawole, Mufutau Adeshegun Onikoyi, Oyebode Shadeko, Halim Akinyemi Eshinlokun, Adja Ganiat Onikoyi Carew, Alhaja Taibat Jenmi-Owo and Idris Owoyele.
Others are Alhaji Bilikis Bombata, Lookman Adeshina, Alhaji Tinko Aderemi, Ganiyu Onikoyi, Bolanle Doherty, Alhaja Suliat Shodiya and Fatai Onikoyi Shina for themselves and on behalf of Fafunwa, Ojubiari, Kunayije, Ilumo, Idewu, Kugbamola, Aluko Ajose, Dosumu, Ajiwe and Adelo branches of Onikoyi Royal Family.
Specifically, the plaintiffs asked the court for an order of injunction restraining Oba Fafunwa from usurping the rights of the ten branches of the Onikoyi Family, including sale of land and usage as his personal property.
In addition, the plaintiffs asked the court for an order partitioning the 4.324 hectares of land, the subject matter of suit No: LD/769/12 into ten portions for the ten branches that make up the Onikoyi Royal Family.
The plaintiffs, in their statement of claim averred that the Onikoyi Royal Family in 1977 had an executive committee comprising of the late Professor A. B. Fafunwa, Chief C. B. Onikoyi, Alhaji A.G Onikoyi, Alhaji A.F. Onikoyi, Alhaji L. Kehinde Onikoyi and Prince R. Olatunji Onikoyi who were to handle the income of the family but due to their failure, a suit was instituted against them in suit No: LD/697/97 on sharing formulae and judgment on the matter was delivered by Justice A. Adeniyi on September 25, 2001.
The plaintiffs also averred that the family instituted another suit No: LD/1172/93 against the Attorney-General of the Federation, NITEL, NIJA ROSE Properties Development Company Limited, Executive Government of Lagos State and Attorney General of Lagos State over a 43.143 hectares of land, the judgment of which was delivered by Justice Adetula Alabi in 2003 in favour of the family.
They alleged that despite that the judgement was in favour of the family, the land was sold by the executive committee in connivance with the Oba who was crowned in 2007.
Furthermore, the plaintiffs claimed that in 2007, a 4.342 hectares of land covered by water was allocated to the family by the Lagos State Government but that it was seized by the Federal Government and later settled out of court in suit No: LD/769/12 between the Federal Government and the Oba alone.
However, because the family representatives were not involved in the out-of-court settlement, the Federal Government refused to release the land to any single individual adding that this made the Oba to file a suit, No: LD/8690/14, against the Federal Government and which is pending at the Lagos High Court.
They further averred that two high chiefs, on behalf of Onikoyi Chieftaincy Family, Chief Adedotun Adeseye and Chief Abayomi Fafunwa, equally dragged Oba Onikoyi before a Lagos High Court in suit No:LD/7438/14, asking the court to declare that with the death of Prof Babatunde Fafunwa and the removal of Otunba A.G. Onikoyi, as signatories and accredited representatives of the Onikoyi Chieftaincy Family, Oba Onikoyi cannot validly and competently act as a sole signatory to the account and other land transfer documentations of the Onikoyi Royal Family without the reconstitution of the executive committee of the family.
However, Oba Onikoyi in his statement of defence denied the Plaintiffs statement of claim, emphasising that the present action as constituted is incompetent, vexatious, scandalous and totally bereft of any jurisdictional power and authority.
The monarch contended that the plaintiffs in this action (FHC/L/CS/451/15) who are not parties to the case in suit No: LD/769/12 and who are not also parties to the terms of settlement entered in the said suit, cannot competently seek a declarative relief of the court to enforce the terms of the consent judgment entered into between known and identifiable parties.
In their statement of defence, both the Minister of Lands Housing and Urban Development and the Implementation Committee of the White Paper on the Commission of Enquiry into the Alienation of Federal Government Property in their statement of defense stated that the terms of settlement was filed and adopted by parties in the court in suit No: LD/769/12 on February 18, 2014 in which the court presided over by Justice Kazeem Alogba entered as the consent judgment because the 2nd, 3rd and 4th defendants did not accept the validity of the certificate of occupancy dated January 31, 2007 and registered as No 20 at page 20 in volume 2007B of the Register of Deeds, Lands Registry, Lagos issued by the Lagos State Government over Federal Government Land at Ikoyi.
Both defendants alleged the Oba has deliberately refused to demarcate the 4.342 hectares which was the subject matter of the term of settlement in suit No: LD/769/12 as the Oba has trespassed on far more hectares than was covered by the term of settlement in suit No: LD/769/12.
Furthermore, the duo stated that while Onikoyi Chieftaincy Family was represented by the Oba, the terms of settlement signed singly by him did not reflect the interest of the Onikoyi Chieftaincy Family as he has refused any other signatories on behalf of Onikoyi Chieftaincy Family, the term of settlement, neither has the Oba presented a juristic entity to whom title can be given.
The third and fourth defendants said the Federal Government is willing and prepared to issue title and give possession to the Onikoyi Chieftaincy Family provided the Oba brings a legal entity or juristic person on which title will be vested.
