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Oyo govt charges judiciary on enforcement of land grabbing law
The Oyo State Government has tasked members of the judicial arm of government to adopt the principle of substantial justice in dealing with the growing menace of land grabbing in the state, saying that the State had timeously risen to the occasion by passing an appropriate legislation to tackle the mischief of the land grabbers.
It also warned that the use of thugs, agents, consultants to attack occupants or demolish buildings based on purported court judgment without proper procedure shall be prosecuted under the Real Property Protection law (Anti Grabbers Law) to ensure the menace of land grabbing is finally curbed in the state.
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The government said that it initiated the Real Property Protection (RPP) Bill in 2016, passed into law and assented to by Governor Ajimobi on February 9, 2017 to curb the menace of land grabbers, explaining that Section 3 of the RPP law states that: “as from the commencement of this law, no person shall use force or self-help to take over any real property or engage in any act inconsistent with the proprietary right of the owner or occupant in the state”.
The Attorney General and Commissioner of Justice, Mr. Oluseun Abimbola, in his speech at the weekend in Ibadan during the Special Court Session held in honour of late Hon. Justice Pius Aderemi, CON, JSC (rtd), said that a more worrisome dimension was recently introduced with the manner of enforcement some judgment creditors have gone about executing some recent Supreme court and high court judgments over expansive parcels of land, with the increasing use of thugs and brigades to seize possession.
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Abimbola stated that without prejudice to the rights of a judgment creditor to reap the fruits of his/her judgment, there are laid down procedure for the enforcement of a warrant of possession over real property, and there are statutory persons authorized to carry out that task, noting that other than bailiffs/Sheriffs of court supported by the police, no other person(s) have a legal right to enter into another person’s property in the name of executing a court judgment.
The Attorney General said that aiding and abetting a forceful take-over of land, threat or use of force, with or without offensive weapons, selling or offering for sale illegally taken over real property, or a beneficiary of such forcefully taken over land are all subject to prosecution under this law, stressing that professionals like Estate Agents, Estate and Land Surveyors, or even lawyers may be subject to prosecution should they be found to have played any role in the chain of events leading to such forceful take-over of Real property in Oyo state.
Abimbola said that Section 7(1) of the RPP Law states unequivocally that “Any person who without lawful authority uses or threatens violence for the purpose of forcefully taking over or grabbing any Real property for himself or for any other person, commits an offence and is liable on conviction to imprisonment for 15 years or a fine of N500,000 or both…
“(2). The right of any person to possession or occupation of any property shall not for the purpose of subsection (1) of this section constitute lawful authority for the use or threat of violence by him or anyone acting on his behalf for the property…(3) For the purpose of
this section an offence is committed whether or not the violence is… directed against the person or the property.
“Regrettably even since the commencement of this law, the police still sometimes charge culprits arrested for offences created under the RPP law, merely for malicious damage, a charge readily defeated by a defence of bonafide claim of right under section 23 of the Criminal Code, whereas under the RPP Law, a bonafide claim of right is no defence to a ‘vi et amis’ (force of arms) take-over of any land in Oyo state.
“My lords and your worships, permit me to humbly request of you when faced with such erroneously drafted criminal complaints, to please exercise your powers under section 215(4) of the Administration of Criminal Justice Law of Oyo state 2016, which authorizes the judex to amend, alter, or reframe a defective charge once the ingredients of the charge discloses ‘land grabbing’ rather than mere malicious damage, or in any other case where the prosecution might have wrongly charged.
“This is the substantive justice the ACJL stands for, rather than surrender jurisdiction under the challenge of a preliminary objection predicated on an improperly framed charge. I therefore solicit the support of my colleagues at the Bar and the unwavering courageous Oyo state judiciary to join hands with the current administration to eradicate land grabbing in Oyo state.
“I commend our colleagues with whom I had engaged on recent developments in this respect for their quick intervention to avoid a breach of public peace and undue empowerment of brigands by their clients in the name of enforcement of court judgments,” Abimbola added.
The headquarters of Heritage Bank at Victoria Island, Lagos, was besieged on Thursday by members of the labour union, protesting the recent dismissal of 1,000 support workers.
The National President of the National Union of Banks, Insurance and Financial Institutions Employees, Comrade Anthony Abakpa, led the demonstration, condemning the bank’s management for what he deemed a lack of adherence to due process in the termination of employment contracts.
Speaking during the protest, Comrade Abakpa asserted that the leadership of Heritage Bank failed to follow established protocols before executing the mass layoffs.
He emphasised the union’s commitment to pursuing justice for the affected workers, vowing to escalate their demands until the bank’s management rectifies the situation.
“We will intensify our demands for justice,” declared Comrade Abakpa, urging the bank’s management to take corrective action to address the grievances of the dismissed workers.
The Governor of the Central Bank of Nigeria (CBN), Olayemi Cardoso, clarified that Nigeria is not utilising its foreign reserves to bolster the naira, despite recent fluctuations in reserve levels.
Speaking from Washington DC, where he is attending the International Monetary Fund-World Bank Spring Meetings, Cardoso highlighted the influx of $600 million into Nigeria’s reserves account within the past two days.
While the naira has experienced a notable appreciation against the dollar in recent weeks, climbing over 40% from approximately N1,900/$ to about N1,000/$1, Nigeria’s foreign reserves have been dwindling. As of April 15, reserves dropped to approximately $32.29 billion, marking the lowest level in over six years.
Cardoso emphasised that the shifts in reserves are typical for any country, where various financial obligations, such as debt repayments, necessitate withdrawals.
He stated, “What you’ve seen with respect to the shift in our reserves is normal in any country’s reserves where, for example, debts are due and certain payments need to be made. They are made because that is also part of keeping your credibility.”
Continuing, Cardoso underscored the dynamic nature of the market, advocating for a system driven by willing buyers, willing sellers, and price discovery.
He emphasised, “The shift in our reserves has really little or nothing to do with defending the naira, and that is certainly not our objective.”
Dangote Petroleum Refinery has made headlines by announcing a further reduction in the price of diesel, dropping it from ₦1200 to ₦1000 naira per litre.
The refinery’s decision comes on the heels of its recent supply at a significantly reduced price of ₦1200 per litre, which was introduced three weeks ago, signifying a remarkable 30 per cent decrease from the previous market price of approximately ₦1600 per litre.
This substantial reduction in diesel prices at Dangote Petroleum Refinery is expected to reiterate positively throughout various sectors of the economy, potentially serving as a catalyst in alleviating the persistently high inflation rate in the country.
In a statement last week, Aliko Dangote, Africa’s wealthiest individual and the owner of the refinery, expressed his optimism regarding the potential impact of the price reduction on inflation in Nigeria.
“I believe that we are on the right track. I believe Nigerians have been patient, and I also believe that a lot of goodies will now come through. There’s quite a lot of improvement because if you look at it, one of the major issues that we’ve had was the naira devaluation that has gone very aggressively up to about ₦1900,” he remarked.
As anticipation builds around the implications of this move by Dangote Petroleum Refinery, stakeholders and consumers alike remain hopeful for the positive effects it could bring to the Nigerian economy in the coming months.
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