BY IFEANYI ONUBA
A widow and her children are seeking justice at the High Court of the Federal Capital Territory in Abuja over their 2,500-square-metre family plot, which available information reveals was legitimately allocated to the family’s late patriarch, Mr Ayomide Fasan.
At the heart of the tussle is the Ondo State Deputy Governor, Olayide Owolabi Aderemi, who is laying claim to the same plot of land in Kaura District, Abuja, which the Fasan family insists was secured by their late patriarch as far back as the year 2000.
Documents obtained by THE WHISTLER showed that the land with Statutory Right of Occupancy No. FCT/ABU/OD.700, located at Plot 900, Kaura (B11) District, FCT, measuring 2,500 square metres, was originally allocated to the Fasan family on February 2, 2000.
Trouble started in 2004 when the original papers were stolen from the husband of the widow. The development prompted the family to file an “affidavit of loss” and also made newspaper publications for re-certification.
It was gathered that subsequently, the widow’s husband made an application to AGIS for re-certification of rights of occupancy dated December 13, 2004.
Application for Certified True Copies of the original documents was also made through the law firm of C.E. Manag and Co. on April 29th, 2005.
But since the filing of the application by the family, nothing was heard from AGIS, a development that made the law firm of C.E. Manag and Co.write a reminder letter dated August 21, 2006.
Following the reminder letter by the law firm, findings revealed that the Director of Lands in AGIS subsequently conveyed an approval to the application through a letter dated September 22, 2008.
However, further findings showed that due to administrative delays and bottlenecks at AGIS, the process of re-certification was not completed before the demise of the widow’s husband in 2011.
With the death of the widow’s husband, the records show that the family again made another push for recertification of the allocation of the land through another letter referenced OAK/DLA/KRA/015 dated October 6, 2022.
But surprisingly, during a follow-up of that letter for re-certification, the family was informed that the re-certification process had since been concluded and a Certificate of Occupancy had been conveyed.
“This was greatly shocking and dismaying to us because there is no evidence within our records that they ever received any such communication.
“The process of collection of a sensitive document such as a C-of-O, even when it was done by proxy, ought to have required a letter of authority from the original owner and a valid means of identification and face capture to be tendered.
But to our amazement, there was no record of compliance with such a mandatory procedure,” a source at the lands department who preferred not to be named said.
Upon the discovery, the family further undertook a routine physical visit to the land and then discovered that it had suddenly been fenced completely. A cement brick-making facility was also being operated on the property.
It was further gathered that this prompted the Fasan family to visit AGIS to conduct a preliminary search on the status of the land.
But to their further shock, they discovered another record in the file, in favour of a strange third party.
The search revealed that another file over the same plot was created sometime on the 25th of August, 2000, with file number OD 10089.
Based on this development, the family again wrote to the FCT Administration via a letter with reference OAK/DLA/KRA/016 and dated 17th July, 2023, and requested the placement of an administrative caveat over the land, which was promptly approved and implemented.
But despite the caveat placed on the land, the family alleged that those acting under the instructions of the Ondo State Deputy Governor proceeded with the “illegal construction”, thus undermining constituted authorities.
The Deputy Governor’s legal team is alleged to be relying heavily on constitutional immunity, a shield that protects him from prosecution while in office.
But beyond the legal crossfire, however, lies the personal anguish of a widow and her children. With every block laid on the contested site, a source told THE WHISTLER that they are reminded of a father’s dream being buried under bricks of injustice.
“This is not just about land; it is about dignity, memory, and the rights of ordinary Nigerians who must be protected from political predators,” the source said.
In his defence, the Deputy Governor, through his lawyers from Idi Danabubakar and Co., stated in a notice of preliminary objection submitted at the FCT High Court that the court lacks jurisdiction to hear the matter.
The lawyers argued that the defendant is currently the Deputy Governor of Ondo State and, as such, by virtue of Section 308 of the 1999 Constitution (as amended), enjoys immunity from the trial initiated by the family under the suit.
“The first defendant (Olayide Owolabi Adelami), immediately after his tenure as Deputy Governor of Ondo State, can then be subjected to the trial under the suit at hand,” the lawyers said in a court document sighted by THE WHISTLER.
Source: THE WHISTLER.
