Ipokia indigenes claim, win Badagry as court overrules Akran's judgement

Ipokia town

By our reporter

There is palpable tension in Badagry as a Lagos High court has ruled that a vast area of land situated along Ekundayo Road in Itoga, Badagry belonged to the Ipokia-born claimants.

The judgment was against an earlier judgment of the Akran of Badagry, Oba Aholu-Toyi 1 and his chiefs that the defendants were the rightful owners of the land in dispute.

The claimants, Chief Michael Saanu Adebiaye, Prince Samuel Adeyemi Olawin, Prince David Odu, Mr Thomas Amosu and Mr Nunayon Amosu had pressed charges against the defendants, Madam Femi Toyon and Mr Daniel Durojaiye Avoseh for entering into their (claimants’) land without their consent, permission and lawful authority.

The claimants also prayed the court to restrain the defendants from entering the land in dispute or having anything to do with it in any manner whatsoever, while requesting the court to mandate the defendants to pay the sum of N10m as damages for trespass.

In defence, the defendants counter-claimed that the petition of the claimants was “frivolous, vexatious, abuse of court process and same lacks merit”, urging the court to dismiss such in its entirety, with substantial cost against the claimants.

Also in their requests, the defendants pleaded that the claimants be restrained from committing further trespass on them, while seeking the award of N20m to them as general damages and for the acts of trespass, assault, harassment and intimidation.

In a copy of the judgement made available to our correspondent, it was gathered that the 1st to 3rd claimants showcased themselves as members of Adebiaye Hunponu family while the 4th to 6th claimants represented Amosu family. 

The 1st to 3rd claimants said they were natives of Ipokia, Ipokia Local Government area of Ogun State and Wathon, in Badagry Local Government area of Lagos State. Their claim was that their ancestors were the traditional owners of the land, situated at Ekundayo/Itoga road, Apagbomi, Olorunda Local Government area of Badagry. 

It was also learnt from the claimants that their ancestors had migrated from Ajase-Ipo, in the present Kwara State. They claimed that their ancestors were Anagos that lived under the suzerainty of two Obas of Oyo.

Village News also gathered that the claimants had pleaded that the only Ipokia ‘female king’, Oba Aderinsola Orojo of Iwaye-Sipaola ruling house was the beneficial owner of the said land. It was the claimants’ submission that their ancestors first settled in Isale-Eko (Lagos Island) in about 1550AD; a time when Badagry had not been settled upon by any person, tribe or group. 

The claimants also informed the court that the war between the people of Lagos and Benin Empire caused their ancestors to migrate to Erikiti Ijarun in Badagry. They added that their ancestors had had an Oba in Ijarun, Erikiti, Oba Olupo Ololo; saying that some of their ancestors had migrated to Ipokia and that Ipokia, Ado-Odo and Apa people were blood related.

According to the 1st to 3rd claimants, the Amosus were customary tenants on one-third of the land in dispute, before same was alienated to them. They said another one-third of the land was leased to one Pa Zinsu, while Adebiaye family retained the remaining one-third of the land.

It  was revealed that the one-third of the land earlier retained by the ancestors of the 1st to 3rd claimants have been subsequently leased to the ancestors of the 4th to 6th claimants for them to oversee and manage it on their behalf.

 The cause of action, Village News learnt, was an attempt by the defendants and some high chiefs in Badagry to dispossess the 4th to 6th claimants of the one-third of the land granted to their family.

As a result, the claimants reported the land dispute at the palace of the Akran of Badagry, Oba Aholu-Toyi 1. At the palace, the defendants were said to have claimed to be members of Adebiaye family of the 1st to 3rd claimants. The defendants were said to have invaded the land, destroying crops planted by members of the 4th to 6th claimants’ family, having erected a sign-post on the land, bearing Adebiaye family as the owner of the land.

It was gathered that the Council of Chiefs of the Akran of Badagry gave judgment in favour of the defendants. The claimants alleged they were denied from participating in the proceedings. They said the defendants changed their family name from Adebiaye to Kikimajagbo at the Akran’s palace.

The claimants, unsatisfied with the judgment of the Council of Chiefs of the Akran of Badagry, headed for the high court. They claimed that the 4th to 6th claimants’ had cultivated and alienated part of the land for over six decades without any form of interference from family of the defendants.

But in their reactions, the defendants declared Pa Dosu Kikimajagbo as their progenitor, while Hunponu Daho/Agba (who they also addressed as Hunponu Adebiaye) and Wusu Onitiji were named as the children of Kikimajagbo, adding that Hunponu Daho alone inherited the land from his father.

They denied knowing the 1st to 3rd claimants as members of Adebiaye family, while also saying that Wathon Quarters never existed in Badagry.

According to the defendants, Badagry was founded in 1425 by Akran Gbafa. They informed that Erikiti people were Ogu (Egun) who were ruled by a Baale installed by the Akran of Badagry. They claimed that the grandfather of the 4th to 6th claimants was the customary tenant of their ancestors. They also claimed, just like the 4th to 6th claimants, that their ancestors cultivated the land, praying the court to dismiss the claims of the claimants based on lack of merit.

In his judgment on July 6, 2015, Hon. Justice W. Animahun said:

“Having held that the 4th - 6th Claimants’ customary tenancy subsists and that they are not liable in trespass to the land in dispute, the Counter-claim fails and are (sic) hereby dismissed.

"The Claimants’ claim succeeds. Judgment is accordingly entered in favour of the claimants as follows-

“The 4th – 6th Claimants are hereby declared owners of the vast area of land situate along Ekundayo Road, Itoga, Badagry, which part of it was covered by Survey Plan No. OJI/1337/84 dated 28th September, 1984. 

"The order or ruling of the Oba Akran of Badagry which dispossesses the Claimants of their landed inheritance is ultra vires, null and void and of no effect whatsoever. Same is accordingly set aside. 

"It is declared that the acts of the Defendants in entering into the Claimants’ land, the subject matter of this suit, without the consent, permission and lawful authority of the Claimants and without lawful excuse constitute act of trespass by the Defendants on the Claimants piece or parcel of land.

"An order of perpetual injunction restraining the Defendants either by themselves or their agents and/or servants from entering into the said land situate along Ekundayo Road, Itoga, Badagry or having anything to do with it in any manner whatsoever is hereby granted.  

"The sum of N2M (Two Million Naira) is hereby awarded in favour of the 4th – 6th Claimants as General Damages for the Defendants’ acts of trespass to their land.”

  

Meanwhile, our correspondent learnt that occupants of some portions of the land in dispute were presently living under fear as they did not know what their fate would be under the ‘new landlord’.

Our source revealed that many of those who had built houses on the portions of the land which they bought from the defendants had been finding ways to meet with the claimants to reach an agreement on how to secure their property.

Source: Village News