Ekiti Ex-Commissioner, Otitoju Carpets Anthony Idigbe’s Claims Over Lekki Setbacks 

By Joseph Sunday 

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

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This followed reports in various newspapers and online medium.

In a statement, the former commissioner maintained that he legally applied and paid for the setback as far back as 2001, adding that he got the necessary approval papers. 

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 shewing the Allocated Road Setback Land in issue.

My application to develop the Road Setback dated 5th of February 2003 got Approval with a Development Permit dated 24th of July 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. 

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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.” 

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According to Otitoju, Idigbe, 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”. 

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“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). 

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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 he is the beneficial owner of property and that he has its Deed of Assignment dated 8th March, 2020 and registered as number 27 at page 27 in volume 2677 of Lagos State Land Registry;  that he applied to Lagos State Parks and Gardens Agency on 11th August, 2020 for the grant of an Open Space Setback directly abutting his land and same was granted to him to take possession at a fee, among others. 

But Otitoju noted that  there is no one single and whole property known as Plot 7, Block A10 & A11, Admiralty Way, Lekki Peninsula Scheme 1 but Plot 7, Block A10 & A ll, Layi Yusuf Crescent, Off Admiralty Way, Lekki Peninsula Scheme 1, as Block A10 is separated from Block A11 by the Layi Yusuf Crescent. 

The ex-commissioner stated that the property described by the Claimant is different from the property it adopted which was allotted to the claimant by the Lagos State Parks and Gardens, adding that  the Lagos State Park and Gardens are aware of his interest over the road setback long before the purported provisional approval granted to the Idigbe. 

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Otitoju said  he is the lawful and rightful owner of the premise in dispute and have continued to remain in active and undisputed possession to the knowledge of the Applicant as he had initially offered the parcel of land for use as car park to the deponent  Idigbe SAN) of the affidavit in support of the application. 

He said  from 2001 till date, he has been consistent in paying the land use charge as assessed and demanded by the Lagos State Government.  

The ex-commissioner insisted that  he was granted permit to use the said space as an auto workshop as the former governor of Lagos State, Akinwunmi Ambode’s campaign vehicle were all branded on the same land by Messrs Philly & Mools, who were his hitherto tenants until their term of years expired.  

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Otitoju maintained that the Applicant’s right of adoption does not extend to the Road Setback allocated to him and to that effect cannot be labelled as a trespasser on his own parcel of land. 

He said the Applicant has no right over the land in dispute 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 16th, February, 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 Lekki Residents Association LERA, in May 2018, Chief Anthony Idigbe SAN was the one invited by LERA to administer Oath of office on me. Even when he was at 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. 

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Early 2021 when the  seven years Tenancy of Messrs Philly and Mool Automobile expired and Idigbe was on his Site at 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 it’s Motion for Interlocutory Injunction against me was dismissed by Justice Pokanu, he realised 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’. 

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There and then, Idigbe SAN/PUNUKA filed another Motion for Ammendment of his property to read ‘Plot 7, Block A10, Layi Yusuf Crescent Lekki Peninsula Phase 1. 

His Ammendment 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. 

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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.”

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