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A Senior Advocate of Nigeria, Dr Kemi Pinheiro, has urged the Lagos State House of Assembly and Speaker, Mudashiru Obasa, to avoid interfering with the police investigation and ongoing court case concerning land ownership at No. 47, Old Ogba Road, near M.K.O Abiola Market, Agege, Lagos.
Pinheiro argued that the assembly’s actions could violate the separation of powers outlined in Nigeria’s Constitution.
In a letter dated November 6, 2024, made available to our correspondent on Thursday, Dr Pinheiro, who represents Mr and Mrs Olugbenga Edwards Ayo-Odugbesan, criticised the assembly’s invitation of November 5, 2024, for the couple to appear before the lawmakers.
He contended that by summoning them over allegations of fraud and aggressive actions, the assembly was overstepping its bounds.
Pinheiro advised his clients not to attend the assembly meeting, noting that compliance could lead to contempt of court, as the matter was being heard by the courts.
Pinheiro advised on November 6, 2024, in a letter on behalf of the Ayo-Odugbesan couple, replying to the assembly’s invitation of November 2024.
Copies of the letter were sent to President Bola Tinubu, Lagos State Governor, Babajide Sanwo-Olu, and the state’s Attorney General.
The Assembly’s invitation followed an October 31, 2024, petition submitted by a group, Concerned Agege Residents, which claimed the disputed land belongs to Agege Local Government, led by Alhaji Kola Ganiu Egunjobi.
The group accused the Ayo-Odugbesan couple of fraudulently acquiring a governor’s consent for the property and engaging in acts of aggression.
He said: “Your letter of invitation under reference purports to invite my clients in relation to two issues, which clearly denote allegations of crime, namely: (i) Fraudulent acquisition of Governor’s consent and (ii.) Acts of aggression.
“As you would agree with me, by virtue of the provisions of the Constitution and the Police Act, the power to investigate crime has been ceded to the police and other law enforcement agencies.”
He argued that he could not find any constitutional provision donating powers to investigate crime or any allegation of crime to any House of Assembly of a state or even the federal legislature.
“I have looked at those powers that have been donated to the legislature, which you represent, and cannot find any that supports the investigation of allegations of crime and determination of ownership of land.”
Pinheiro further questioned why the Assembly chose to act on a petition from anonymous individuals when Agege LGA, the alleged rightful owner, remained silent.
He stated, “It is perplexing that the Honourable Assembly would entertain a petition from unknown sources, purportedly defending the interests of a local government council that has made no complaint.”
Pinheiro wondered why the lawmakers were interested in summoning his clients when the Agege LGA and its chairman, whom the Concerned Agege Residents purported to be advocating for, and whom the Ayo-Odugbesan couple had accused of unlawful demolition of the property, had kept mute over the matter.
He said: “It beats my imagination that this Honourable Assembly and its Committee on Rules and Business would dignify a petition by faceless individuals purporting to enforce ownership of a property belonging to a local government council when the local government itself is sitting idle and has not made any complaint in that regard.
“What is more, these matters, the subject of your invitation, are sub-judice and presently pending before a court of competent jurisdiction.”
Additionally, Pinheiro criticised the assembly’s disregard for his client’s previous petition regarding the same property, submitted on October 3, 2024.
He said: “Furthermore, what is more concerning for me, Mr Speaker, is that a petition written by my client to your esteemed office, dated October 3, 2024, has failed to see the light of the day, neither has it received the desired attention notwithstanding the grave issues raised therein, which bother on the unlawful demolition of the property of a school which operates purely as an NGO to educate children who are less privileged without requiring the payment of humongous school fees and which has been in operation for about 30 years.
“A local government chairman caused a notice to be pasted on the property of the school purportedly confiscating the same.
“I would have thought that immediately upon receipt of the petition containing these grave allegations, with the same haste in which you acted in removing the now reinstated Alimosho Local Government Chairman, you would immediately suspend the Agege Local Government chairman as being an embarrassment not only to the All Progressive Congress which I have had the opportunity to defend but also what Lagos State as the Centre of Excellence has always been known for.
“We are shocked and surprised that such a petition that should have received immediate attention to protect those future leaders and their families has not seen the light of the still day.
“My client has informed me that the chairman of the Local Government has boasted to them that he has the support of your good self, the Rt. Honourable Speaker. In respect of this, I would advise that you exercise restraint,” Pinheiro said.
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