The land dispute between the Ojikutu Family and the Nigerian Army over acquisition of 166.6 acres of land, part of which was used to build the Military Cantonment in Ojo, Lagos, took a new twist last week, as the family demanded payment of N24 billion compensation and compound interest on delayed payment since 1974.
The family, represented by Alhaji Shehu Ojikutu, Alhaja Amori Animashaun, Chief (Mrs) Iyabo Foresythe and Abajomi Ojikutu, explained that if the Nigerian Army fails to pay the money, it (family) “would seek to attract public opinion and seek redress under international charters to obtain reprieve.”
The family in a statement dated November 25, 2013, recalled a letter it wrote to the Minister of Defence. In the said letter, the family craved, among other things, “the release and gazetting of the 160 acres of our land outside the fenced portion of the Ojo Army Cantonment land and the removal of all structures constructed on same in disregard of the court order; and an undertaking given by the Attorney-General of the Federation and the Ministry of Defence as well as the immediate payment of compensation for the used portion (6.66 acres) plus interest on delayed payment since acquisition in 1974.”
Fenced off portion being sold off
Attached to the statement were documents and an allegation that the excised and fenced off portion “is now being sold off privately and illegally by the Nigerian Army to themselves and to private individuals with payments being made directly to the Chief of Army Staff bank account contrary to the purpose of acquisition, the court order made over 13 years ago and the undertaking given to the High Court by the Attorney-General of the Federation and Ministry of Defence.”
In the 14-point statement, the family claimed that the Federal Ministry of Works and Housing through whom the land was acquired by the Federal Government of Nigeria, duly notified the Nigerian Army of the Ojikutu Family ownership without any adverse claim from any other party.
The statement said: “However, no compensation whatsoever has been paid till date in spite of the Ojikutu family having made claims to the Federal Ministry of Works and Housing.
“Evidence before the Federal High Court showed that 160 acres of the initial 166.6 acres of the land in question that was acquired for public use was fenced off by the army from the Ojo Military Cantonment’s land.”
Out of court settlement
The family further recalled that it was invited by the Ministry of Defence to Abuja between August 6 and 8, 2012 for the purpose of an amicable resolution and out of court settlement of the almost 14-year-old suit which is still pending at a Federal High Court in Lagos.
“The outcome of the meeting which was held a little over a year ago is yet to be communicated to the Ojikutu family by the Ministry of Defence, due to opposition by the Chief of Army Staff in spite of several entreaties thereon,” the family lamented.
They noted that the Ministry of Defence in a letter reference AD/LAD/006/T/136, dated April 24, 2013, informed the family of a pending inspection by a 13-man inter-ministerial committee constituted to resolve outstanding issues over the unused 160 acres of land excised and fenced off from the Ojo Military Cantonment.
The family said: “The immediate past Minister of State for Defence granted an approval for out of court settlement and seven days site inspection visit of the Ojo Military Cantonment, Lagos by the inter-ministerial committee to resolve the whole issue.
“‘The said Minister of State for Defence. according to our investigation, vide reference letter No.AD/LAD/006/116 approved the release of the unused land and the exercise would involve the processing of the Deed of Release and official gazette of the returned land to address the issue once and for all.”
Vanguard gathered from court proceedings that the Nigerian Army maintained that it did not know the Ojikutu Family and has no dealings with the claimants. The Army insisted that it only knows the Federal Ministry of Works and Housing.
No unused portion of the land is being sold—Army
In an affidavit he deposed to, Lt-Col R J. Alexander posited that no part of the land had been released.
He said: “To my knowledge, no part of the land has been released. But records available in my office shows that compensation has been duly paid for the land.
“It is not true that the unused portion of the land is being sold. No personnel of the Nigerian Army including the Chief of Army Staff has power to sell land belonging to the Army.”
Describing the claimants as busy bodies and insisting that he only knew the second defendant (Ministry of Works), Lt. Col Alexander agreed that “Exhibit M refers to the plaintiff as number 13 and name of the counsel list thereon. I don’t know if their cousel was paid any money.”
Vanguard
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