Confusion as Lagos CJ withdraws case file, stalls Ikeja land dispute

The decision by the Chief Justice of Lagos State, Justice Kazeem Alogba, to withdraw the file in a long-running land dispute before the Ikeja High Court has stalled the proceedings, leaving the parties unsure of their next steps.

The development occurred at the Lands Division of the Ikeja High Court presided over by Justice Akin Savage where the suit between Nasco Town Limited and Mr. Abiodun Ariori, family boss Michael Mojisola Cole and others was scheduled to be heard.

The matter, dismissed in 2020 and listed as the first case of the day, was expected to continue until Judge Savage announced in open court that the case file had been withdrawn.

“The chief judge has requested the file, and it is with him,” the judge said, noting that no reason was given and that the court is awaiting further direction on whether to reassign or return the case.

When the appellant’s lawyer, Senior Advocate of Nigeria, Chief Anthony George-Ikoli, sought clarification, the court argued that it had no information on the reason for the action.

“The Chief Justice has the power to request any file at any time. I have no authority to question his actions. When the file is returned, we will notify you,” Judge Savage said before proceeding to the next question.

The development has effectively stalled the hearing of the case, which has been delayed since its inception, particularly due to issues related to notification and pretrial trials.

Following the incident, George-Ikoli wrote to the Chief Justice seeking clarification on the status and purpose of the withdrawal. He noted that the case has yet to significantly progress beyond the pre-trial stage and expressed concern about the indefinite suspension of the proceedings.

According to the letter, the uncertainty made it difficult to adequately counsel the appellant, especially in the absence of a timeline for reassignment or recovery.

Nasco Town Limited also petitioned the Chief Justice. In a letter signed by its executive coordinator, Dr Mustapha Sulaiman, the company questioned the sudden administrative action and lack of advance notice.

The company also expressed concern about what it described as unequal access to information related to the recall, saying it was not aware of any petition or request that may have triggered the move.

Nasco said it has held the disputed land since 1978 under a federal government lease and has carried out extensive developments, including land reclamation and industrial activities. He added that part of the land was subleased to Michelin Tires Limited in 1981 and later designated as a free trade zone.

The company said the dispute escalated in 2018 when Mr Ariori and members of the Cole family entered the land with armed police, claiming to be enforcing a 1997 consent judgment. It argued, however, that the judgment did not cover the land in dispute and had already been enforced elsewhere.

Nasco also attributed previous delays in the case to difficulties in serving defendants, which led to repeated delays before the case was properly brought in 2020.

In this context, the company described the withdrawal of the file as unexpected and urged the Chief Justice to provide clarification, underlining the need for transparency and fairness.

The disputed land, registered at number 25 on page 25, volume 81 of the Lagos State Land Registry and covered by survey plan no. JLS/23/78, remains the subject of litigation.

At the time of filing this report, the Lagos State Judiciary had yet to release any official explanation for the withdrawal or indicate when the matter would be reassigned.

The development has left the case in limbo, with the parties awaiting further administrative guidance on resuming proceedings.