Firm Files Fresh Suit Against FG, Minister, Others Over Land

A major legal battle is brewing in Lagos as Winhomes Estate Global Services Ltd and its Managing Director, Engr. Mrs. Ifeoma Okengwu have filed an ex-parte motion before the Lagos State High Court seeking a pre-emptive injunction to stop the Federal Government, the minister of works, Engr David Umahi, Lagos State government and Hitech Construction Company Ltd from allegedly trespassing on a large expanse of land in the Okun-Ajah area of Eti-Osa, in the state

The applicants, acting for themselves and hundreds of purchasers of the Winhomes Estate land, are asking the court to restrain the defendants, the Minister for Works, the Attorney-General of the Federation, the Attorney-General of Lagos State, the Governor of Lagos State, and Hitech Construction from entering, demolishing, or converting their 18.838-hectare property pending compliance with the pre-action protocol required under the Lagos High Court (Civil Procedure) Rules.

According to the court documents, the estate developers allege that the respondents have been “illegally demolishing structures, erecting signboards, installing halogen lights, and marking large areas” of the land with the intention of using it for the ongoing Lagos–Calabar Coastal Highway and a proposed train station — all without any lawful revocation of title or compensation.

In a 28-paragraph affidavit deposed to by Abdullahi Mohammed, a litigation clerk at Bolanle Olugbani & Co., the applicants insist that their property is covered by a valid Certificate of Occupancy (C of O No. 72, Volume 2006AC, dated December 1, 2006) and enjoys a Right of Way Clearance from Lagos State confirming that the land does not fall within the alignment of the coastal road.

Despite this, the affidavit alleges that armed security personnel, soldiers, officials of the Federal Ministry of Works, and workers from Hitech Construction Company “forcefully entered” the land to commence demolition and road activities.

The applicants maintain that neither Lagos State nor the Federal Government has issued any statutory notice of revocation as required under the Land Use Act.

The affidavit claims the takeover was carried out with “soldiers, men of the Lagos State Governor’s Office Task Force, thugs and officials of Hitech Construction,” adding that the applicants never sold the land to the respondents and never issued any receipt or transfer document to them.

Photographs of demolitions and ongoing construction activities were annexed to the application as evidence.

The applicants argue that unless the court urgently intervenes, the ongoing activities will completely strip them of their land and permanently alter the property — damage which they say cannot be remedied by monetary compensation alone.

They also filed an affidavit of urgency stating that signboards, halogen lights, and generators guarded by armed policemen have already been installed by the respondents.

As required by the Lagos Practice Direction on Pre-Action Protocol (2019), the applicants have issued a memorandum of claim to all respondents, including the Attorney-General of the Federation. The document outlines their intention to seek full judicial relief once pre-action notice requirements are met.

The motion, filed through a legal team led by Lookman Fagbemi (SAN) and Bolanle Olugbani, seeks to stop all activities on the land “pending the applicants’ full compliance with the mandatory pre-action notice period.”

The court is expected to set a date for hearing of the application.