In a brazen act of defiance, the Lagos State government on Friday, November 8, 2024, invaded a disputed property in the Lekki area belonging to retired Admiral Festus Porbeni, despite a Federal High Court order barring any such action. The Lagos State Special Task Force, accompanied by heavily armed policemen, stormed the property at Wole Olateju Crescent, forcefully arresting staff and others present, and threatening to demolish all structures.
The property, owned by the former Minister of Transportation, has been the subject of a legal dispute since 2021. Justice Osiagor of the Federal High Court had issued an order restraining the Lagos State government from forcefully entering the property or removing any structures until the determination of the substantive suit (FHC/L/CS/1384/21). This order followed a Supreme Court ruling in January affirming the federal government’s exclusive control over inland waterways and adjacent lands within 100 meters.
Despite these legal rulings, the Task Force officials, reportedly acting on directives, cordoned off the premises at 7:30 a.m. on Friday, forcibly entering the property and detaining individuals present. The Good Governance Alliance Nigeria (GGA-N) has condemned the invasion, calling on the Chief Justice of Nigeria, the Inspector General of Police, and the Lagos State Governor to address what it termed "a recipe for lawlessness and chaos."
The dispute over the Lekki property dates back to 1996, when Admiral Porbeni acquired an additional 3,239.51 square meters of land from Lagos State and obtained a Lagos State Certificate of Occupancy. Following federal regulations, he obtained permits from the National Inland Waterways Authority (NIWA) to develop a jetty and boat club.
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In 2021, Lagos State Task Force officials allegedly invaded the property without prior notice, marking equipment and structures for removal within 48 hours. The invasion led to chaos, with a subsequent demolition of boundary fences and staff quarters housing over 25 staff members and their families.
The plaintiffs, Admiralty Fleet Limited and Admiral Porbeni, sought an interlocutory injunction restraining Lagos State officials from interfering with the property. Justice Osiagor upheld their motion, citing the federal government’s authority over lands adjacent to waterways under the Lands (Title Vesting) Act and NIWA Act.
The Lagos State Attorney-General argued that the property was allocated to a third party and claimed the demolition targeted squatters and miscreants occupying the land. The state government further challenged the Federal High Court’s jurisdiction over the matter, asserting it was an administrative issue under Lagos State Property Protection Law.
Despite these claims, legal experts and rights advocates have condemned the state’s disregard for court orders, raising concerns about the implications for the rule of law in Nigeria.
