Lagos wins FG at S/Court over landed properties

Stories by Vivian Okejeme
Abuja

The bid by the Federal Government to stop the Lagos State Government from asserting control over landed properties it sold out to individuals and corporate bodies within the Lagos Territory have been struck out by the Supreme Court.
The apex court ruled that since the federal government had already sold out the properties and divested its interest in them, it can no longer have any interest that can be threatened by actions of the Lagos State Government.

Delivering ruling in an application brought before it by the Attorney General of the Federation, Abubakar Malami, SAN, seeking to stop Lagos state government from having any control on the sold properties, the Supreme Court held that the federal government having sold off the properties in dispute and can no longer invoke the jurisdiction of this court since it has no standing to do so.

In the lead ruling delivered by Justice Musa Dattijo Muhammed, the Seven-member panel of Justices of the apex court, held that the objection of Lagos state against the Federal government suit was accurate and correct on the ground that the Federal government no longer has any interest to protect on the properties.
Justice Muhammed agreed with Lagos that the Federal government, having transferred its title in the land to others, it is untenable for the same Federal government to try to assert that its interest is being adversely threatened by the action of the Lagos state government.

“The plaintiff, who lacks the standing to sue, cannot invoke the original jurisdiction of the Supreme Court to assert a title it no longer has. It will be academic and hypothetical for the court to go ahead in a matter it has no jurisdiction”, Justice Muhammed ruled.
The federal government had, between 1967 till date, sold off its landed properties within Lagos state to various individuals and corporate bodies
Dispute however arose when Lagos state government directed the buyers of the said properties to regularize the ownership of the properties with the state Certificate of Occupancy (C of O) on the ground that the properties are situate in Lagos.
In reaction to the directive of the Lagos state government, the federal government, through the AGF, approached the Supreme Court to invoke its original jurisdiction and order that Lagos state government has no right to assert any control over the properties it had sold out.

The Lagos state government had, in its objection asked the Supreme Court to strike out the application of the federal government on the ground that, having sold out the property, it is no longer the appropriate party that can sue on whatever action the state intends to take with the new owners.
The Supreme Court agreed with the Lagos state government that the federal government, having sold out the properties, no longer has any interest to protect on the properties again and cannot take any court action on them.
The panel consequently struck out the application of the federal government in favor of the Lagos state.