Awujale Of Ijebu-Land, Oloja Of Epe Are Overlords Of land In Epe Division And Environs- Lagos Court Declares

By Akeem Oduyoye

A Lagos High Court sitting in Epe has  ruled that the large expanse of land  in Epe and its environ are fully owned by the Awujale  of Ijebu-land  Oba Sikiru Adetona and his accredited representative in the person of the Oloja of Epe, Oba Kamoru Animashaun .

Justice SA Olaitan gave ruling in favour of  of the duo Oba Adetona and Oba Animashaun  and thrre others on Friday in Lagos State presided over by Friday, 29 September, 2023.

 The land in dispute  is situated at Akesan, Papa, which is bounded by Epe Lagoon, Santos Family land, Odofin Compound, Jubulu family land , Itemu River and its environs  measuring 1168.141hectares(2886.534 acres)

The defendants-Professor Sulaiman Owolabi Talabi,(first Defendant); Chief Olayiwola Talabi Oladunjoye, (second defendant); Chief Wale Mogaji( third  defendant) for themselves and on  behalf of Iposu Chieftaincy family claimed to own the land.

They claimed that the lands in dispute were given to their progenitors by Awujale Anikinaiya in 1851 or 1852.

But in the court case suit number EPD/123LMW) obtained by Theroyaltimes.com, Justice Olaitan ruled in favour of the counterclaimants-Mr  Bayo Rasaq,first counterclaimant; Mr Ahmed Rasaq,second counterclaimant,  His Royal Highness Oba Kamoru  Animashaun, third counterclaimant,; Riverbond Nigeria limited(owned by late Epe politician, Lanre Rasaq) , fourth counterclaimant and Oba Sikiru Adetona(fifth counterclaimant).

In his ruling stated that “My take from this is that ignorance of the third defendants father and predecessor-in- title does not qualify as an admission of  extremely and conclusive nature as required by the Supreme Court to serve as an estoppel to the 5^th counterclaimants(Awujale).

Morever the 5^th counterclaimant’s case on the other hand is that he only became aware of the unlawful acts of disposition of property by the defendants about  seven years ago and that this suit was set up as a result of the continued challenge to his overlord ship.  Furthermore, estoppels by conduct does not apply to defeat the title of an owner under the native law and custom. I hold that the defendants’s reliance on estoppels by conduct fails.”

“The defendants cannot rely on this because they were not under mistaken belief that the land in dispute were theirs. They traced the history of their occupation to Awujale, yet they deliberately claimed ownership and dealth with the subject land for many years without recourse to him or the Oloja of Epe, his accredited representative. The case did not grant a declaration in favour of the Iposu family. The 5^th counterclaimant was not a party to any of the judgment tendered by the defendants and therefore not bound by them.

“Assuming but not conceding that it is binding on the 5^th counterclaimants, the defendants failed to tender the survey plan used in that case upon which judgment was based’ If the defendants  have done that, in giving judgment in giving judgment to the  counterclaimants in this case, I would have directed that the extent of the land covered by the survey plan be removed from the Ijebu-land(i.e from Exhibit FOA 2) for the benefits of the defendants since the matter was a judgment upheld by the Supreme Court, “ the judge said.

Continuing further, Justice Olaitan said “I will also have taken the same position for all the Supreme Court judgements relied upon by the defendants in this case. But what do we have? The defendants did not any of the survey plans used in all the judgment they relied upom. During cross examination, they could not even provide answers to the questions asked relating to those judgments.”

The court held that Iposu family cannot be said to be founder of Akesan and Papa Epe. It added that the defendants moved on to claim the ownership through absolute grant by Awujale.

“They failed to call witnesses who were present when Awujale Anikinaiya made the grant to King Kosoko or Iposu. They failed to state the size of the land granted to them, even though they described the boundaries. That aside, this claims also fails because the defendants admitted that under Ijebu customary land tenure, there cannot be absolute grant of land. There fore, I hold that the defendants did not discharge the specific burden of proof placed on them in this regard,” the judge said

All special defences raised by the defendants cannot be upheld by this court and they are hereby dismissed.  In conclusion, after weighing the evidence of each counterclaimants and the evidence of the defendants on the imaginary scale of justice, I find on a balance of probabilities that the scale of justice tilts in favour of the countercliamants.

“Relief three sought by the 5^th counterclaimant is for forfeiture in respect of Akesan and Papa Land claimed by the defendants measuring 1168.141 hectares(2886.534acres) based on the occupation and the use of the land under native law and custom,” the court said adding that the defendants also tried to claim ownership by proving their acts of long possession.

DW1 testified that since 1862 that Iposu stayed behind in Epe till date, neither he nor his descendant ever paid tribute to the Awujale or anybody. That they installed their family member as bale and this stool was later upgraded to a first class king in Lagos State. Therefore, according to them, having enjoyed uninterrupted possession for over 150 years, they become the owner of Akesan and Papa land in Epe.

 The judge faulted Iposu family on this saying “ Let it be known today by this judgment that if King Kosoko had been alive and remained in Epe, he would still have been a customary tenant to the Awujale notwithstanding the none payment of tribute to Awujale. The defendant’s progenitor(Iposu can therefore not have more than what is principal (King Kosoko) had or could have. The fact that the defendants installed Baale over portion of land in dispute and the Baale had been upgraded into a first class king in Lagos does not change history.”

The judge salutes the courage of the Federal Government of Nigeria “in correcting an error of the past by restoring History as a subject back to our educational curriculum. This necessary to avoid forgetfulness or distortion of our history as a people before the same is handed down to coming generations.