Relocation: Court Dismisses Lagos Objections To Okobaba Timber Dealers’ Suit
Justice Abdulazeez Anka of the Federal High Court in Lagos yesterday assumed jurisdiction over a case filed by some members of the Okobaba Timber Dealers, Sawyers, Towing Vessel Owners’ Association, challenging their proposed relocation from the Okobaba Foreshore area of the state.
Justice Anka, while ruling a preliminary objection filed by the Lagos State government challenging the jurisdiction of the Federal High Court to hear the suit, held that the case of the timber dealers was not one of title to land but rather the administration of land within the inland waterways.
The Timber Dealers had filed the suit to challenge their alleged forceful relocated by the state government to Ijede area of Ikorodu Local Government Area.
The plaintiffs had contended that they were being excluded from all negotiations and arrangements in a matter in which their interests were involved.
The Timber Dealers had asked the court for a declaration that the Lagos State Government has no authority over any land situate and being within the 100 metres of all declared navigable inland waterways, such as the Lagos Lagoon, which is under the authority and jurisdiction of the National Inland Waterways Authority, (NIWA).
They had also claimed they have been paying their regular dues and permit licenses to the said NIWA for many years.
Therefore the plaintiffs submitted that the Lagos State Government is without legal powers to interfere in their possession and occupation of the Okobaba Street Foreshore, to eject them forcefully and to transfer the land to developers and foreign investors who have no history of any contribution to the development of the area.
But the Lagos State Government in its preliminary objection, contended that the Federal High Court had no jurisdiction over the case, since it has to do with title to land, physical planning and it borders on the executive decision of the state government to relocate the timber dealers.
The timber dealers opposed the application, stating that the relevant laws of the land have vested authority over land abutting inland waterways in the National Inland Waterways Authority.
In his ruling Justice Anka, reviewed all laws covering the subject matter and held that by virtue of the Land (Title Vesting) Decree and the National Inland Waterways Authority Act, the federal government has been vested with exclusive power and authority over all land within 100 metres of a declared navigable waterway, including the Okoboba Foreshore in Ebute-Metta.
The judge also held that the case of the timber dealers was not one of title to land but rather the administration of land within the inland waterways.
The court held that since there is no evidence before it to challenge the case of the timber dealers that they were empowered in their location by NIWA, only the federal high court has exclusive jurisdiction to entertain the case of the plaintiffs.
Justice Anka has adjourned the case May 15, 2017 for hearing of the main suit.
