Vacate Porbeni’s Lekki Property: Court Issues Fresh Order to Lagos Government
A Federal High Court in Lagos has reaffirmed its order restraining the Lagos State Attorney-General and the Lagos State Special Task Force from demolishing a disputed Lekki seaside property owned by former Minister of Transportation, Admiral Festus Porbeni (Rtd).
Justice Daniel Osiagor issued the order on Thursday, preventing Lagos State and its agents from interfering with the property at B20, Wole Olateju Crescent, Lekki Phase 1, until the ongoing legal dispute is resolved.
The property had been the target of a raid last week by the Lagos State Special Task Force, accompanied by heavily armed policemen. During the raid, staff and other individuals on the premises were reportedly assaulted and arrested, with threats to bulldoze the structures. This action allegedly defied an earlier Federal High Court order (FHC/L/CS/1384/21), which restrained such interference.
Court’s Ruling
The court reaffirmed its October 18, 2021, interlocutory order and November 5, 2021, vacation order, stating these remain valid and have not been overturned. It instructed the Lagos State Attorney-General and the Special Task Force to:
- Cease all actions aimed at demolishing or forcibly evicting occupants.
- Stop any form of intimidation, harassment, or arrest of the plaintiffs’ staff.
- Halt any illegal construction or allocation of the property to third parties.
- Restore any property or equipment removed from the premises to its original state.
The ruling followed a motion filed by the plaintiffs’ counsel, Abiodun A. Olatunji (SAN), highlighting the defendants’ repeated disregard for court orders.
Background to the Dispute
The case dates back to 2008, when Admiral Porbeni obtained approval from the National Inland Waterways Authority (NIWA) to construct a jetty and boat club on the site. However, tensions escalated in 2021 when Lagos State officials marked structures on the property for demolition without prior notice.
On September 16, 2024, Lagos State served a contravention notice, alleging illegal occupation of government land and unauthorized development. This notice demanded compliance within two days or threatened demolition. Despite assurances from state officials that no action would be taken pending investigations, the Task Force allegedly resumed their activities on November 15, 2024, deploying personnel and equipment to commence unauthorized construction on the site.
Plaintiffs’ Position
The plaintiffs contend that the actions of the Lagos State government constitute trespass and violate their constitutional right to property under Section 43 of Nigeria’s Constitution. They argue that the defendants’ actions are causing irreparable harm that cannot be remedied by monetary compensation.
Broader Implications
The case has drawn criticism from human rights groups, including the Good Governance Alliance Nigeria (GGA-N), which condemned the disregard for court orders. “This is a troubling example of the erosion of the rule of law in Lagos State and the overreach of state agencies in defiance of federal legal protections,” the group stated.
The dispute also raises questions about jurisdiction over Nigeria’s inland waterways, with the Supreme Court having previously affirmed the Federal Government’s exclusive authority.
The court’s recent order aims to protect the plaintiffs’ rights while awaiting a resolution of the substantive suit, underscoring the judiciary’s role in upholding the rule of law amid growing tensions.
