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Ownership tussle between Lagos and Ogun over property
By ADEKUNLE JIMOH

Ownership tussle over a building used for remand centre between the Lagos and Ogun state governments may force the erstwhile two sister states to a forensic and expanded legal technicalities.

The Lagos state-run Remand Home is located at Isheri-Oke, a boundary between the two states.

The Ogun state government has reportedly planned to boost its housing delivery programme through the establishment of another housing estate in Isheri-Oke. The proposed site for the estate will consequently involve the relocation of the Lagos state Remand Home.

In a joint press conference on Sunday, the Lagos state Commissioner for Information and strategy, Opeyemi Bamidele said that the state government would view any untoward, subterranean move by its counterpart as a threat to Lagosians resident in the area.

Apart, barrister Bamidele revealed that the centre, which was established in 1999 was a legacy of the state that must be protected and preserved, adding that the state would not fold its arms and watch the home being demolished.

The Ogun state government was said to have stated that the area was due for a major facelift in consonance with the urban renewal policy of the state government. The state further stated that it recognised the home was currently being administered by the Lagos state, the location falls within the jurisdiction of Ogun according to the boundary adjustment of 1976.

According to Director-General of Ogun state Bureau of Lands and Survey, Gbenga Ogunnoiki “at the time in which the remand home was being cited, it was in the outskirts. Now the process of urbanisation has caught up with the Remand home. The expanse of land in the area should be developed to enhance its value.”

To counter the Ogun government move, the Lagos state through its Attorney-General and Commissioner of Justice, Olasupo Shasore (SAN) wrote a letter intimating its sister state from embarking on the planned demolition of the property.

The letter dated 20th February, 2008 reads thus: “I have the instruction of his Excellency the Governor of Lagos State Mr Babatun Raji Fashola SAN to bring to your urgent attention the alarming reports of an unlawful attempt to expropriate the state property by officials of Ogun state and persistent encroachment of Lagos state territory at our common state border.

“In a recent published statement credited to officials of Ogun state government in the Guardian of Monday 18th February, 2008 there is a report of the planned action of Ogun state government to expropriate the Lagos state Remand home in Isheri-Oke which property has vested in Lagos government since 1967 before the creation of Ogun state.

“As you know the ‘Isheri Remand Home’ now known as the Rehabilitation and Vocational Training Centre (formerly Mapara and Isheri Approved Schools) was established in 1944 after the Second World War.

“The land on which the centre is cited measures 8.03 hectares and was acquired by the governor of Lagos colony by government Notice 1135 under the Public Lands Acquisition Ordinance no 43 vol.31 of 14th September 1944 with certificate title dated 19th November, 1945 registered as No 33\33\4 in the Lands Registry, Lagos.

“We have and continue to exercise rights over the property which is still under the public purpose for which it was acquired, indeed Lagos state government contested suit no HCT\200\98 in the Ota judicial division in 1998.

“Any attempt to requisition, expropriate or encroach on our vested right over this property will be stoutly contested.

“In Agbara within the Lagos state territory there are noticeable signboards, markets and carparks constructed by the Ado Odo\ota Local Government of Ogun state and other agencies.

“In addition, it has also been observed that certificates of occupancy have been unlawfully issued by Ogun state government on some properties within Coker Estate situated in Lagos state territory. Further more, the Ogun state planning authority has been misled (whether inadvertently or howsoever) into planning approval to squatters on Lagos state scheme in the area.

“As it were, the unlawful encroachment presents a significant security risk to the area and many other parts of the state where we have common boundaries from the standpoint of outbreak of communal clashes already witnessed in other parts of Nigeria over boundary dispute. Previous notices of the unlawful encroachment and warnings given to your officials have yielded no change in the attitude from Ogun state officials. We must now insist on an immediate withdrawal by Ogun state government officials from any infringement and therefore to maintain the above state lines.

“Take notice therefore, that we hereby demand written confirmation of the recognition and acceptance of the above Lagos state property and boundaries as contained above within fourteen (14) days of receipt of this letter. In the event that you continue to dispute the integrity of this boundary and property we likewise demand written confirmation of the grounds and nature of your claims.

“In both cases we request from you within fourteen (14) days of the date of this letter. Your default to respond shall be treated as confirmation of your dispute of Lagos property and territory. I shall therefore be compelled to comply with further instructions by instituting legal proceedings against Ogun state government. I trust that Ogun state government will take full benefit of this notice and prevent litigation with its attendance consequences.”

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