Court strikes out some defendants in suit against PDP Ikeja Reps candidate

A LAGOS High Court has struck out six names of defendants in a suit filed against the Peoples Democratic Party (PDP) House of Representatives candidate for Ikeja Federal Constituency in Lagos, Engr. Mutiu Okunola bordering on allegations of trespass and fraudulent acquisition of property.

    Justice Maryam Omeya struck out the names, following application moved by Barrister Olajide Ajana on behalf of the plaintiffs – Prince Steven Ibitoye and Commander Fasasi Adebambo (rtd), praying the court to so do.  Justice Omeya also adjourned further hearing to March 17.

    Besides Okunola, the suit has 21 other defendants.  But six of them, namely, YDJ investment Limited, H&H Investment Limited, Garewa General Merchants, Aglow Company, SC Designs Limited and Unknown persons were deleted from the suit.

    In an affidavit in support of the motion of discontinuance deposed to by Joy Salako, a litigation clerk in the firm of Olajide Ajana, she swore that after the filing of the suit, the originating summons were served on the defendants except those sought to be struck out and therefore needed to remove them from the suit.

    In the originating summons, the plaintiffs prayed the court to declare that they are the right and lawful owners of the respective portions of land situate at Wasimi Maryland, Lagos being trespassed and being sold by the Okunola and others and are entitled to be granted statutory of occupancy in respect of same.

    They also wants the court to declare that any sale of the portion of land at Wasimi Maryland, Lagos belonging to the claimants to any persons by the defendants is illegal, null and void.

    Consequently, the plaintiffs want an order of perpetual injuction restraining the defendants jointly and severally from trespassing on any portion of the land belonging to them at the Wasimi, Maryland, an order compelling the first Okunola to pay the first claimant the sum of N40m which is the proce for two plots of land he purchased from him in that location but refused to pay the money as well as an order of injunction restraining the defendants from granting or registering any title in resoect of the claimants land.

    “An order of injuction restraining the 19th to 22nd defendants from recognising or entering into partnership with anyone with respect to the claimants property at Wasimi, Maryland. An order of mandatory injunction compelling  the first to 18th defendants to jointly or severally remove any structures on the claimans portion of the land at Wasimi, Maryland and to vacate same. An order awarding the sum of N500 million jointly and severally against the first to 18th defendants in favour of the claimants for trespass on their land.

    In a 68 paragraph affidavit, deposed to by Ibitoye, he swore that he was in 2007 contacted by Kuyasi Awushe family of Onigbongbo in Maryland to survey the family largfe expanse of land. According to him, the family mandated him to among other things survey the land, prepare layouts check the activities of trespassers and land grabbers and land speculators through a letter of authority.

    He averred that he spent N150 million to carry out the assignment and that the family rewarded him with 37 acres of land in lieu of payment for his services in two deeds of assignments for 32 acres  and 5 acres respectively. He stated that the head of the family duly signed the deeds of assignment.

    He averred that he was persecuted by the Awushe family and later apologised to and compensated with additional four plots of land, but unkown to him, the family perfected plan to disposses him of the property.

    “That unknown to me, the Kuyasi Awushe family has perfected the plot to deprive me of my land and had invited the first defendant as developer on the portion of the land that belonged to me. When i got to my land, I discovered that the first defendant has startred building fence on the land without my knowledge. When I confronted the family, they started pacifying me, that I should allow the first defendant to develop the land, that they have signed an agreement to that effect with him, and when I demanded to see the agreement they refused to show me and they said they would settle me.

    “Unknown to me, the first defendant has embarked on incorporating the 2nd defendant (Wasimi Creek Resort Estate) in his name, his wife and children to start selling my land. That the defendants made out layout plans an started selling the portion so my land to unsuspecting buyers.

    “That when the first defendant started the acts of trespass, that led to this suit, I protested and also invited a lot of people to mediate to persuade them to drop the land grabbing idea. That the first defendant subsequently offered to purchase two plots of land from me, which price was agreed at N40m and requested that Deed of Conveyance be prepared between me and himself. 

    “That after signing the Deed, the first defendant collected the document but refused to pay me the agreed N40m for the 2 plots at N20m each but told me to come for the money the following day because it was late. That on getting to the first defendant the following day, he still refused to pay me the money, and repeated demands for the money did not yield any result, while he started development on the land he has not paid me for immediately”, he averred.

    According to him, the Kuyasi Awushe family want to deprive him of his property  through the sudden emergence of sub-unit of the faamily known as Ilu Obi whereas he transacted with the entire family collectively when the 37 acres was assigned to him. 

    Okunola is yet to make an appearance to the suit nor have a representation. But the claimant has renewed its call to the Police to apprehend the defendant and charge him on criminal basis. When contacted on Phone, Okunola said the claimants are merely gold-diggers who wants to blackmail him into given them money. He added that they want to scuttle his political ambition with the allegations and dismissed the claims as cheap blackmail.     

    However, the claimant’s counsel, insists that it could never be such since the petition to Special Fraud Unit (SFU) of the Police pre-dates his political ambition and was written on October 2013.