Lagos-Calabar highway: Landowners allege Land Use Act breach

Landowners and residents of Okun Ajah in Lagos State have called on President Bola Tinubu to intervene and prevent what they describe as the unlawful encroachment on their properties by the Minister of Works, Dave Umahi, as part of the Lagos-Calabar Coastal Road realignment project.

During a press conference held on Tuesday, the affected landowners, who had earlier filed lawsuits against Umahi, the Ministry of Works, Hi-Tech Construction Company Ltd, the Lagos State Governor, and the Attorney-General of Lagos State, argued that the ministry’s actions were in violation of the Land Use Act and their legal and equitable property rights.

They claimed that their properties were being forcefully taken over without notice, proper compensation, or adherence to the due process stipulated under Nigerian law.

Representing the landowners, Alhaji Abimbola Oshilaja condemned the ministry’s actions, describing them as a “brazen” violation of the rights of property owners who had legally acquired their lands from the Lagos State Government.

Oshilaja noted that neither he nor other affected parties, including the Etisalat Staff Cooperative Multipurpose Society Ltd and Mr. Olufemi Fasehun, received any notification of revocation of their property titles or offers of compensation before the Ministry suddenly rerouted the coastal road project to pass through their properties.

“We are living in fear, not knowing when the Ministry of Works officials might suddenly pull down our houses,” Oshilaja said, noting that over 400 homeowners in the Okun Ajah community are affected by the ongoing realignment.

“It is disheartening that many of us with proper titles to our properties are being harassed and intimidated, while powerful individuals who encroached on the coastal road are being spared. That is a clear injustice.”

Counsel for some of the aggrieved landowners, Adeyemi Tajudeen, highlighted that in 2006, an excision was granted to the Okun Ajah community under the administration of then-Governor Bola Tinubu, who is now the President of Nigeria.

A global Certificate of Occupancy was issued to the community, and due process was followed to ensure that the land did not fall within the coastal road project at that time.

Tajudeen argued that the ministry’s actions constituted a violation of the Nigerian Constitution and the Land Use Act, particularly Section 28, which requires notice of revocation, a fair hearing, and proper compensation before any land acquisition.

“We believe that what Umahi is doing is a total breach of the Constitution and the Land Use Act. There was no notice of revocation and no compensation offered. Our clients’ rights are being trampled on under the pretext of realigning the coastal road to accommodate powerful individuals who have encroached on the original alignment,” Tajudeen said.

The landowners have filed a lawsuit seeking to restrain the Ministry of Works, Hi-Tech Construction Company Ltd, and other parties involved from further encroaching on their land. However, they continue to appeal for President Tinubu’s intervention, emphasizing his long-standing advocacy for the rule of law and justice.

The petitioners  expressed hope that President Tinubu would direct Umahi to revert the project to its original alignment and ensure that their properties are protected from unjust encroachment.

“We want to stress that our clients have titles to their properties,” Tajudeen reiterated. “We believe that the President, as an advocate of the rule of law, will uphold justice and prevent the misuse of power in this case.”

The conflict over the Lagos-Calabar Coastal Road realignment has raised concerns about transparency, due process, and the fair treatment of landowners, with many looking to the courts and the President’s office for a resolution that aligns with the principles of fairness and the rule of law.