Friday 24 August 2018

A strong message to the Kudetis of Ipokia over Aseku land


I am not happy writing this open letter to you people because I know it might be misinterpreted by some elements of discord and hatred. But this became extremely unavoidable after I have exhausted every means of alternative dispute resolution.

Your decision to forcefully take over my farmland at IGBOMOMI is an aberration and it must be vigorously resisted.

It must be mentioned here that I see you all as my children and that is why I have been sending people to you to talk to you. Times without numbers, we have gone to the police station to iron this out, but you remain adamant. I have also dragged you before Ipokia Oba-in-Council, but you  refused all attempts to resolve this issue amicably. You are bent on snatching my farmland from me because you want to become rich overnight. That's why you hired a lawyer to lie against me.

You people are so wicked and callous. You are insensitive to my plight. Alhaji Bowale Kudeti, (Owoodeoniye) has been threatening to kill those working for me on the farm and that's why nobody can go there today to work for me. My crops have been covered with weeds. I lost a grownup daughter, yet none of you felt concerned. Instead, you continue your illegal trespass on my farmland. I can't take this anymore.

I deliberately told my lawyer not to take any action against you for now because I know the hand of the law would be too heavy on you people. It has been pronounced by different courts of competent jurisdiction that the land at IGBOMOMI BELONGS TO ASEKU FAMILY. Nobody has appealed those judgements. You people have signed documents with us as members of ASEKU FAMILY. Members of your family, especially Asimi Kudeti, have testified as a witness before the court that the land belongs to ASEKU and that I, Samuel Olawin, bought the land in dispute from ASEKU FAMILY. The land does not solely belong to one Obanla as you have falsely claimed.

ATTENTION, BARR. BAMIWOLA
Lawyer Bamiwola, let me open your eyes to things you don't know. You know they will never tell you this because they want to hide the truth. I expect you, as a lawyer of note to have taken your time to make researches and understand a case inside-out before putting pen on paper. Moreover, ADR is key. Everything is not money. 

In 1984, in the Customary Court Holden at Ipokia before Mr V. H. I  Vitowanu. There was a case of Mr Shittu Omisanya and S. Sadiku, the duo representing ASEKU FAMILY of Ipokia VS Tijani Abiona Oyedele of Idomagbon in suit no. IPCC/132/84. ASEKU family had taken Oyedele to court over a parcel of land at IGBOMOMI. 

In the process of trial, ASEKU family, through the second plaintiff, Mr Sunmonu Sadiku urged the court to replace the first plaintiff Omisanya with one Abu Obanla (of this same Kudeti), because Omisanya was sick and old. But the defendant raised an objection; he rejected the application from the 2nd plaintiff to replace Omisanya with Abu Obanla, but allowed him to be a witness in the case. The court agreed with the defendant and treated Abu Obanla as a mere witness. 

In the case,  ABU OBANLA OF THIS SAME KUDETIS TESTIFIED BEFORE THE COURT THAT ASEKU FAMILY GAVE THE DEFENDANT A PORTION OF LAND AT IGBOMOMI TO BE CULTIVATED AND HE PAID NORMAL 'HOMAGE' TO THE FAMILY.

Abu Obanla said and I quote: "THE LAND IS NOT MY OWN,  BUT IT BELONGS TO ASEKU FAMILY WHICH MY FATHER IS ONE." (Pg 5). Why are the children now contradicting what their father said in 1984?

In his judgement, Mr Vitowanu ruled that: "HAVING GONE THROUGH THE EVIDENCE ADDUCED BY BOTH PARTIES AND THEIR WITNESSES, THE COURT BELIEVE THAT THE PLAINTIFF HAS PROVED THAT ASEKU FAMILY IS THE LANDLORD OF THE FARM IN DISPUTE."

"UPON THE WHOLE EVIDENCE, THE COURT HEREBY DECLARE THAT ASEKU FAMILY IS THE RIGHTFUL OWNER OF THE FARMLAND IN DISPUTE. ANY AGGRIEVED PARTY HAS THE RIGHT OF APPEAL TO HIGH COURT OF JUSTICE WITHIN 30 DAYS OF THIS JUDGEMENT, 14/01/1985."

Barrister, nobody has appealed this judgement since 33 years ago. Tell me the reason why you and your clients must not go to jail for contempt of court.

In the same vein in 1998, in the Magistrate Court of Ogun State, holden at Ilaro, in Charge no. ML02/77C/1998. There  was a case between the Ogun State Commissioner of Police and one Johnson Fadeyi.

Johnson Fadeyi had gone to my farm to steal my cassava. It was Asimi Kudeti that caught him and he testified before the court, after swearing on the Holy Quran, as follows:

"MY NAME IS ASIMI KUDETI. I AM A FARMER. I LIVE AT IDOSA IPOKIA. I KNOW PW1 (SAMUEL OLAWIN). I KNOW THE ACCUSED. ON THE 12TH OF JANUARY, I WAS COMING FROM MY FARM AND I SAW THE ACCUSED UPROOTING THE CASSAVA BELONGING TO PW1. I WENT HOME TO INFORM THE PW1 THAT SOMEONE WAS UPROOTING THE CASSAVA WE PLANTED FOR HIM. I MADE STATEMENT TO THE POLICE. I ONLY WENT TO THE FARM AS A PAID LABOURER. MY (ASEKU) FAMILY SOLD THE LAND TO PW1."

It may interest you to know that after making a statement like this before a court of law, the same Asimi Kudeti has now joined his brothers, threatening to take over the same farmland he testified I bought from ASEKU Family. Can you imagine how he has been trying to deny this statement? That's human being for you. Tell him he is on the brink of jail.

Similarly, this same Asimi Kudeti testified before an Ilaro High Court in suit no. HCL/39/2001 that: "HE IS A MEMBER OF ASEKU FAMILY. THAT ASEKU FAMILY WAS THE ORIGINAL OWNER OF THE LAND IN DISPUTE. A PORTION OF THE SAID LAND WAS SOLD TO THE PLANTIFF ON 3/8/1964 WHEN A. O. KUDETI (THEIR FATHER) WAS HEAD OF FAMILY. ASEKU EXERCISED ACTS OF OWNERSHIP ON THE LAND SINCE IPOKIA WAS FOUNDED.

"UNDER CROSS EXAMINATION, HE SAID HE IS A CHILD TO A. O. KUDETI WHO SIGNED THE SALE AGREEMENT. HE KNOWS THE LAND IN DISPUTE. ASEKU'S FARMLAND IS BOUNDED BY IJOYIN, ABISU AND ITADO."

Can someone ask this people why they are separating themselves from ASEKU Family and claiming the land belongs to their father. Has Asimi Kudeti not said it all that their father was just the ASEKU Family head at a time. PLEASE, Clear their ignorance and let them know that any family land sold by the Olori Ebi is sold on behalf of the family. 

Though their father might have committed some atrocities during the time. Because in this same case,  the judge submitted that "THE LAND PURCHASE RECEIPT TENDERED BY THE PLAINTIFF IN PROOF OF HIS CLAIM WAS SIGNED BY ONE A. O.  KUDETI WHOSE NAME IS NOT IN THE DOCUMENT AS THE VENDOR. IT IS ALSO NOT STATED THAT HE SOLD THE LAND AS HEAD OF FAMILY. FROM EXHIBIT B,  IT IS CLEAR THAT THE LAND WAS SOLD PERSONALLY. LEG 1 OF THE PLAINTIFF'S CLAIM IS ACCORDINGLY DISMISSED."

From the above statement, it is obvious that ASEKU Family land cannot be sold by a single person. It is the duty of the entire family. Warn them, they are trying to drag your name in the mud. 

Let me tell you this, when one of them Rasheed Obanla, was committing criminal acts on my farmland and he was becoming unbearable, all of us came together as ASEKU Family, including J. B. Fabi (the ASEKU Family Head), Asimi Kudeti, Kunjo Kudeti, Abu Obanla, Adam Obanla, Aminat Obanla, Nimota Obanla, Yisa Asogba, Hassan Bamgbose, Azees Bamgbose, Salmon Ogunleye and I, we petitioned the police and ordered Rasheed Obanla and his colleague, one Geje Ogedengbe, to vacate my farmland and other ASEKU land in 2014.

Today, the same Rasheed Obanla is back to their camp because they want to forcefully take over my farmland for their selfish gains. It will not work. 

On this note, I want to appeal to all Ipokia sons and daughters to prevail on this people. Warn them before I see them to prison. I am saying this today so that all of you may be well informed and nobody will say Olawin is wicked at the end of it all.

Peace in my hand I bring. 
Prince S. A. Olawin 
Idolumosanyin, Ipokia. 
07088657200.


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