TUSSLE OVER 25A, GLOVER ROAD, IKOYI, LAGOS: REJOINDER

1. The attention of Nigeria Deposit Insurance Corporation, “the Corporati on”, is drawn to a publication in page 40 and 41 of the Friday, 10th February 2017 edition of the This Day newspaper tagged “THE TUSSLE OVER 25A GLOVER ROAD, IKOYI, LAGOS STATE”, which certainly does not reflect the correct positi on of the facts and events in respect of 25A, Glover Road, Ikoyi, Lagos. Hence, the need for this rejoinder and clarification.
2. The Corporati on, by a letter dated 8th March 2005, applied to the Honourable Minister of Housing & Urban Development to purchase any Federal Government Landed Property in Lagos to serve as its office in Lagos. In response, the Corporati on received a letter dated 26th July 2005 from the firm of John Akhamie and Co., Estate Surveyors/Valuers, appointed by the Federal Government in connecti on with disposal of the Federal Government Houses, forwarding a brochure showing list of all properties of the Federal Government for disposal.
3. The Corporation indicated interest in the property at No. 25A, Glover Road, Ikoyi for development as an office accommodation, then sought and obtained the approval of the Honourable Minister of State for Finance to bid for the property
4. In line with the approved Guidelines, the Corporation submitted a bid for the property and paid 10% of the bid amount as required by the Guidelines. The bidding exercise was duly conducted by the relevant authoriti es and the Corporation was declared the bid winner and the property was accordingly offered to the Corporation on 24th October, 2005.
5. The Corporati on concluded payment on October 16, 2006 within the time allowed for payment, after which the Federal Government issued a Certificate of Occupancy of the property to the Corporation. The Certificate of Occupancy issued by the Federal Government can only validly be revoked on the grounds of overriding public interest pursuant to Section 28 of the Land Use Act.
6. Following the Corporation’s regularization, the Lagos State Government had, in compliance with the judgment of the Supreme Court, issued a Certificate of Occupancy No. 55/55/2012M dated the 2ndday of June 2013 over the same property to the Corporation. Consequently, under the Constitution of the Federal Republic of Nigeria, as provided under Section 28 of the Land Use Act, the appropriate authority vested with the power to revoke the Certificate of Occupancy is the Governor of Lagos state and only for overriding public interest.
7. There was no breach of the Guidelines on disposal of No. 25A Glover Road, Ikoyi, with regard to the Sitting Tenants.The Corporati on is aware that in line with the Guidelinesthe Sitting Tenants were issued with a letter of offer dated 24th October, 2005 from the Implementation Committee requesting the tenants to buy the property for N208 million being the winning bid. The Sitting Tenants were expected to formally accept the offer and make a deposit of 10% of the bid amount within two weeks of the offer. It is on record that the Sitting Tenants neither accepted the offer nor made 10% deposit from October, 2005 until the conclusion of payment for the property by the Corporation in October 2006.
8. By clause 12 of the Guidelines,it is clearly stated that where the Sitting Tenants failed to respond to the offer within the stipulated time period, either by accepting or rejecting same, it shall be deemed as rejected and the Bid winner may proceed to purchase the property. The sitti ng tenants did not respond to the offer within the stipulated period or even after, hence an offer was made to the Corporation by the Implementation Committee pursuant to that clause in the Guidelines.
9. The Sitting Tenants, to corroborate their lack of interest in the acquisition of the property, in their response to a Quit Noti ce from the Implementation Committee, the tenants had by their letters dated 27th June, 2007 and 5th July, 2007 acknowledged the Quit Notice, and indicated their willingness to deliver up possession of the property and asked for extension of time to do so.It is thus a fairy tale for the Siffing Tenants to claim that the Corporation ejected them from their houses as the Presidential Task Force of the Implementation Committee was saddled with the responsibility of giving vacant possession to successful bidders.
10. The purported revocation was predicated on the Senate Investigations conducted pursuant to secti ons 88 of the Constitute on pursuant to which the Senate passed a RESOLUTION that the property known as 25A, Glover Road, Ikoyi, Lagos belonging to the Corporati on should be offered to the tenants and that another property be offered to the Corporation.
11. The Corporati on, the purchaser and owner of the sad property, was neither aware of nor invited to the said Senate investigative hearing and therefore did not have the opportunity of presenting its case before the Senate. The outcome of the alleged hearing is therefore tantamount to being condemned without being heard.
12. The recommendati on contained in the Senate Resoluti on with regard to the Corporation’s property at No. 25A, Glover Road, Ikoyi, was that payment be accepted from the Siffing Tenants on the ground that they were not offered the property. Apart from the fact that the above recommendation was predicated on an erroneous conclusion, as earlier stated, the Senate never recommended revocati on of the Corporation’s ti tle to the property. Therefore, the purported revocation premised on the misconceived recommendation of the Senate is baseless, not tenable and a complete misrepresentation of the Senate position on the matter, even when on a wrong premise.
13. Contrary to the wild claims that a court order was issued against the Corporation in suit no FHC/L/CS/753/2007, the facts of the matter was that the said order was interim as it was gotten ex-parte (in the absence of the Corporation) The said order has since lapsed and the suit has since been struck by the court.
14. The Secretary to the Government of the Federation vide letter dated 8thMay 2012 invited the Corporation and the Implementation Committee for a meeting to resolve the above issue.After considering all the facts, the meeting came to the conclusion that the Senate Resoluti on was not justified as the acquisiti on of the property by the Corporati on had followed due process. The Implementation Committee confirmed that even though the purchase of the property had complied with the approved Guidelines, it was under pressure to comply with the Senate Resolution.
15. The Corporation upon the purchase of the property regularisedits land ti tle with the Lagos State Government and paid all statutory fees and charges, including payment for site preparation and building plan approval amongst others.
16. Contrary to the desperate and unfounded a llegati ons borne out of malicious falsehood, all sums so far expended on the project are approved by the Board of the Corporation and all relevant authorities including the Bureau of Public procurement and the Presidency. The Corporation, which does not collect any subventi on from government, does not rely on public funds to execute its projects contrary to the alarmist sentiments being portrayed in the publication in Thisday Newspaper of Friday, 10th February 2017.
17. The Federal Government of Nigeria vide the Federal Executive Council, approved the contract for development of the Corporation’s Lagos office on No. 25A, Glover Road, Ikoyi in March, 2015.
18. The Corporati on was thus surprised and alarmed when it received a revocation notice of 27th May 2015 issued by the Minister of Lands, Housing and Urban Development, who was present at the Federal Executive Council meeting in March 2015 approving the contract for the development of the Corporation’s Lagos office on No. 25A, Glover Road, Ikoyi, Lagos, revoking the Corporation’s right of occupancy in 25A, Glover Road, Ikoyi, Lagos.
19. The Secretary to the Government of Federation vide a letter dated 26th October 2015 to the Permanent Secretary, Federal Ministry of Lands, Housing and Urban Development, reversed the revocation Notice of No. 25A Glover Road, Ikoyi, Lagos and directed the implementation of the reversal. The Corporation has drawn the attenti on of the Honourable Minister of Works, Housing and Power to the above directive of the Federal Government vide letter dated 8th March 2016. The Corporation is awaiting the action of the present Minister of Works and Housing in that regard.
20. The Nigeria Deposit Insurance Corporation (NDIC) is the rightful owner of the property known as No. 25A Glover Road, Ikoyi. The Corporation presently holds the Certificate of Occupancy issued by the Federal Government in respect of the property and has been in continuous possession of the property for over a decade.
21. Sometime in 2016, Mr. Jude ChineduOranuba and some strange fellows, alleging to be acting as agents of the Sitting Tenants have continued to unlawfully trespassand attempted forcibly entry and wrestle the property with the intention to dispossessing the Corporation of the property. Hence, the institution of four (4) matters presently pending in Court, two (2) matters each at the High Court of Lagos State and Federal High Court.
22. Mr. Jude Chinedu Oranuba and his agents, allegedly acting on behalf of the Sitting Tenants, Mr. TankoMazaduBayero, Mrs. J. N. Olumide, Mrs. Juliana Abbah, Mrs. V. I. Chiobi, Mrs. Maryrose M. Asoya and Mrs. P. Davies Emiri, have conti nuously invaded and attempted to forcibly wrestle possession of the property from the Corporation, would stop at nothing and has applied all manner of tactics and strategies including the publicationmade in page 40 and 41 of the ThisdayNewspaper of 10th February 2017
23. Following the continuous acts of invasion of the property and wanton destruction made therein, the Police was invited to intervene to prevent a breakdown of law and order and are presently prosecuting about nine agents of Mr. Jude ChineduOranuba at the Magistrate Court of Lagos State.
24. The Corporation is a law abiding institution and had in compliance with all the applicable laws and guidelines obtained the necessary approval for the construction and use of the property both from Lagos State Government and the Federal Government and have the requisite documentation to establish same.
25. TAKE NOTICE THAT ANY PERSON WHO DECIDES OR ATTEMPTS TO PURCHASE, POSSESS, ACQUIRE FROM OR TRANSACTS WITH MR. JUDE CHINEDU ORANUBA OR ANY OF HIS SERVANTS, AGENTS, PRIVIES, REPRESENTATIVES OR OTHERWISE HOWSOEVER, IN RESPECT OF THE PROPERTY KNOWN AS 25A, GLOVER ROAD, IKOYI, LAGOS, DOES SO AT HIS/HER OWN PERIL.
26. THE GENERAL PUBLIC IS HEREBY WARNED!!!!!

SIGNED

AEC LEGAL

SOLICITORS TO NIGERIA DEPOSIT INSURANCE CORPORATION
1, ADEBAYO DOHERTY STREET, OFF ADMIRALTY WAY,