A former Information Commissioner in Ekiti State, Sir Kayode Otitoju, has refuted claims by Chief Anthony Idigbe, SAN, that he (Otitoju) trespassed on the disputed Lekki setback.

These claims were reported in various media outlets.

In a statement, the former commissioner asserted that he legally applied and paid for the setback as early as 2001, adding that he obtained all the necessary approval documents.

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, 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 February 5, 2003, got Approval with a Development Permit dated July 24, 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 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.

“Also, the Setback has never been under the Management, Operation and 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).

“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 cover 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 Pennisula 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 Pennisula Scheme 1, Lagos.”

According to Otitoju, Idigbe who is the owner of Punuka Investment Limited illegally trespassed the road setback allocated to him.

“Sometimes in year 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 Pennisula 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.

“In the suit no LD/4808CMW/2023 between PUNUKA Investment Limited and Kayode Julius Otitoju filed on 3rd July 2023, has its Affidavit in support of Motion on Notice deposed to on 4th July, 2023 and signed by the Deponent stating “I, Dr Anthony Idigbe SAN, Male, Nigerian, Christian, Lawyer of Plot 45 Oyibo Adjarho Street, Lekki Phase 1, Lagos hereby make oath and state as follows;  “I am a Director of the Applicant Company, by virtue of my position and records available to me I am familiar with the fact deposed to herein”  “I have the authority and consent of the Applicant to depose to this Affidavit”. “The applicant is the beneficial owner of the property situate at Plot  7, BLOCK A10 & A11, ADMIRALTY WAY, LEKKI PENNISULA SCHEME 1, LAGOS.

“The Claimant has its Deed of Assignment dated 8th March 2020 and Registered as Number 27 at Page 27 in Volume 2677 of the Lagos State Registry,” he said.

On the ruling of Justice A.F Pokanu, he said: “On 17th August 2023, Hon. Justice A.F. POKANU delivered a Landmark RULING on the Motion on Notice filed by Punuka Investment Limited (Claimant/Applicant) and Kayode Julius Otitoju (Defendant/Respondent).

“In the certified True Copy of the Ruling, the Honourable Justice first listed the prayers of the Applicant for the following reliefs: an order ejecting the Defendant (Respondent), his servants, agents and other person however designated from the Open Space /Road Setback measuring 1,344 square meters abutting the Applicant’s Property situate at PLOT 7, BLOCK A10 & A11, Admiralty Way, Lekki Pennisula Scheme 1, Lagos pending the hearing and determination of the substantive suit. An order of interlocutory injunction restraining the Defendant (Respondent) by himself, his servants, agents, and any other person however designated from re-entering or otherwise disturbing the Applicant’s possession of the Open Space / Road Setback measuring 1,344.59 square meters abutting the Applicant’s Property situate at PLOT 7, BLOCK A10 & A11, Admiralty Way, Lekki Pennisula Scheme 1, Lagos pending the hearing and determination of the substantive suit.”

Idigbe claimed that he is the rightful owner of the property, possessing a Deed of Assignment dated March 8, 2020, registered as number 27 on page 27 in volume 2677 of the Lagos State Land Registry. He stated that he applied to the Lagos State Parks and Gardens Agency on August 11, 2020, for the grant of an Open Space Setback adjacent to his land, which was granted to him for a fee, among other conditions.

However, Otitoju pointed out that there is no single property known as Plot 7, Block A10 & A11, Admiralty Way, Lekki Peninsula Scheme 1. Instead, the correct address is Plot 7, Block A10 & A11, Layi Yusuf Crescent, Off Admiralty Way, Lekki Peninsula Scheme 1, with Block A10 being separated from Block A11 by Layi Yusuf Crescent.

The former commissioner stated that the property described by Idigbe is different from the property granted to him by the Lagos State Parks and Gardens. He added that the Lagos State Parks and Gardens were aware of his interest in the road setback long before the purported provisional approval was granted to Idigbe.

Otitoju asserted that he is the lawful and rightful owner of the disputed premises and has remained in active and undisputed possession, known to Idigbe. He had even initially offered the parcel of land for use as a car park to Idigbe, SAN.

Since 2001, Otitoju has consistently paid the land use charge as assessed and demanded by the Lagos State Government. He maintained that he was granted a permit to use the said space as an auto workshop, noting that former Lagos State Governor Akinwunmi Ambode’s campaign vehicles were branded on the same land by Messrs Philly & Mools, his tenants until their lease expired.

Otitoju insisted that Idigbe’s right of adoption does not extend to the road setback allocated to him and, therefore, he cannot be labeled a trespasser on his parcel of land. He concluded that Idigbe has no right over the disputed land 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 February 26, 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 to 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 realized 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.”

Hon.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.”