Ogun ex-deputy speaker, wife urge court to restrain Agege council from property demolition

.Don’t interfere in matter, Pinheiro tells Lagos Assembly

A former Deputy Speaker of the Ogun State House of Assembly, Edwards Ayo-Odugbesan, and his wife, Funmi, have urged a Lagos High Court sitting in Ikeja to restrain Chairman, Agege Local Council and others from interfering with or disturbing their quiet enjoyment and peaceable possession of their property situated at No. 47, Old Ogba Road, near M.K.O. Abiola Market, Agege, Lagos State.

They also urged the court to restrain the respondents from further demolishing their property.
The claimants had instituted a suit against Kola Ganiyu Egunjobi, Agege Local Council and the Registrar of Title, Lagos State, as first to third respondents.

However, at the resumed hearing, yesterday, before Justice A. M. Lawal, Dr Kemi Pinheiro (SAN) announced appearance for the claimants while Maruf Jimoh-Akogun appeared for the defendants.

Pinheiro informed the court of a pending motion filed for interlocutory injunction, which was brought pursuant to Orders 42 and 43 of the Civil Procedure Rules 2019 and under the inherent jurisdiction of the court.

He said that the court had on pre-emotive order on October 4, 2024, ordered the first and second respondents to restrain from further demolishing or continuing to carry out any act of demolition over the whole or any part of the claimants’ property.
But the defence counsel, Jimoh-Akogun, told the court that the defendants have fully complied with the order of the court, saying: “The only thing is that the claimants came for a pre-emptive preservative order. The court did not say they should enter the possession.”
Justice Lawal, who adjourned the case to January 14, 2025, directed that a hearing notice be served on the third defendant in the suit.

Meanwhile, Pinheiro has advised the Lagos State House of Assembly and its Speaker, Mudashiru Obasa, not to unlawfully interfere in the dispute regarding ownership of the property.
Pinheiro faulted the Assembly’s invitation letter to his clients, Mr and Mrs Ayo-Odugbesan, saying the lawmakers were attempting to violate the constitutional requirement of separation of power, by usurping the executive functions of the police and judicial functions of the court hearing the matter.

Consequently, the senior lawyer said he had advised his clients, in the interest of the rule of law, not to attend the meeting so they would not be held in contempt of court.

Pinheiro advised in a November 6, 2024 letter on behalf of the couple, in response to the Assembly’s invitation.

The Assembly’s invitation followed an October 31, 2024, petition against the couple by a group, Concerned Agege Residents, claiming that the disputed land belongs to the Agege Local Council.
He argued that he could not find any constitutional provision donating powers to investigate crime or any allegation of crime to any House of Assembly of a state or even the federal legislature.

Pinheiro, therefore, wondered why the lawmakers were interested in summoning his clients when the Agege council and its chairman, whom the concerned residents purported to be advocating for, and whom the couple had accused of unlawful demolition of the property, had kept mute over the matter.
He also wondered why the Assembly ignored his client’s earlier petition on the same subject matter but quickly acted on that written by the group.