Posted by By Kayode Fasua on
The decision of Justice Y. A.O. Jinadu to wade into the raging dispute between Aso Rock and Lagos State government over the sale of federal assets has drawn the ire of eminent Lagos indigenes.
The decision of Justice Y. A.O. Jinadu to wade into the raging dispute between Aso Rock and Lagos State government over the sale of federal assets has drawn the ire of eminent Lagos indigenes.
Interestingly, the state governor, Barrister Babatunde Fashola, has also joined the fraye, deploring what he described as "extra judicial tactics" to resolve a purely legal matter.
In the memo, Justice Jinadu had urged President Umar Yar'Adua to disregard a petition earlier sent by the king of Lagos, Oba Rilwanu Babatunde Akiolu I challenging the sales of federal assets located in Lagos including the Federal Secretariat Complex bought by the Resort International Limited (RIL).
Though admitting "a personal interest" in the matter, Justice Jinadu is of the view that the opposition being mounted against the sale of the Federal Secretariat Complex by Oba Akiolu and other prominent Lagosians is offensive to every sense of morality.
Justice Jinadu's son-in-law, Mr. Wale Babalakin, is the Chairman of RIL.
But a cross section of Lagosians who fielded questions from Sunday Sun online at the weekend threw their weight behind Oba Akiolu, expressing disgust at Justice Jinadu's action, describing it as placing personal interest over that of Lagos state.
They include Chief Olufemi George (President of U.S.-based Eko Club International); Mr. Akin Kekere-Ekun, Pro-Chancellor of Lagos State University (LASU) and former Managing Director of Bank PHB; Professor Olakunle Lawal; Barrister Olatunji Bello; Dr. Leke Pitan and Chief Olayemi Cardoso.
Akiolu's petition to the president faulting the sale of the federal assets by the Obasanjo administration was counter-signed by forty eminent Lagosians including Cardinal Anthony Olubunmi Okogie; Oba Patrick Fafunwa-Onikoyi Onikoyi of Ikoyi and Imoba; Pa Akintola Williams; Chief Iyanda Folawiwo; Justice Ishola Oluwa; Chief Sikiru Shitta-Bey; Mr. Musiliu Smith (retired Inspector General of Police) and Chief Molade Okoya-Thomas.
In their 14-page address to the President, the Lagos elders complained that contrary to an assurance by Obasanjo (while in power) that the Federal Secretariat in Lagos 'would revert to Lagos State on some terms," the reverse was the case.
Besides, the eminent Lagosians are wondering why other 184 properties and another 12 flats of building already conceded to Lagos State by the federal authorities were yet to be released.
Some of the disputed estates which the Lagosians want the Federal Government to hands-off include those on vast hectares of land at Banana Island, Osborne and Snake Island.
The eminent Lagosians further observed: 'Fortunately now, we have the right occasion to revisit these issues," the league of elders contended.
'The Land (Rights Vesting) Decree No. 52 of 1996, upon which the Federal Government relied in taking over state land, has since been declared invalid by the Federal High Court.
'It is our position that these properties belong to Lagos State Government. The arrangements made thus far-to give the state government a share of the above mentioned estates- are, therefore, most unsatisfactory and in need of urgent review."
Of particular concern to the Lagos elders is also that the landed properties at the time they were acquired were meant to occupy public facilities held in trust by the Federal Government.
They, therefore, contended in their petition that since the assets were no longer required for the agreed purpose, they ought to be returned to the Lagos State Government, being the owner of the land.
But Justice Jinadu, in his own letter to the President, faulted the claim of Lagosians to properties acquired by the Federal Government.
His statement read in parts: 'At the onset, I wish to disclose a personal interest in that, the chairman of the Resort International Limited involved in the Federal Secretariat Complex is my son-in-law; but…I am rather impelled by a sense of morality and more so, as a judge, by a sense of justice and fair play…"
Justice Jinadu recalled a 1971 parley between the Federal Government and the Lagos State Government in which then Lagos governor, Col. Mobolaji Johnson 'approved the transfer of the (secretariat) complex to Federal Government, divesting Lagos State of the title to the Golf Course."
He also quoted Section 49 (1) of the Land Use Act of 1978 to justify why the secretariat complex, the Golf Course, Ikoyi and the 1004 Flats in Victoria Island, still belong to the Federal Government.
The section states: 'Nothing in this Act shall affect any title to land, whether developed or undeveloped held by the Federal Government or any agency of the Federal Government at the commencement of this Act and, accordingly, any such land continue to vest in the Federal Government or agency concerned."
Justice Jinadu also threw tirade at the Lagos State Government, accusing it of trying to forcibly take over the contested properties from the Federal Government
Responding to Justice Jinadu through a memo (a copy of which was obtained Sunday Sun), Governor Fashola cautioned that matters pertaining to the sale of Federal Government properties are subjudice as the cases are still pending in courts.
All the same, the governor denied allegations of abuse of power by the state's Urban Planning and Development Control in respect of the real estates.
Said he: 'Until a written approval for additional development whatsoever is granted (by the state government), it is an infraction of our law for any development to take place.
'We consequently reserve the right to remove or stop any such illegal development."
It will be recalled that at the twilight of his tenure, ex-president Obasanjo had ordered the sale of most Federal Government properties many of which are concentrated in Lagos.
He also sold off the country's refineries and other firms of economic value to business interests belonging to his friends.