Senior Advocate of Nigeria, Dr. Kemi Pinheiro, has called on the Lagos State House of Assembly and its Speaker, Mudashiru Obasa, to avoid interference in an ongoing police investigation and court case concerning land ownership at No. 47, Old Ogba Road, near M.K.O. Abiola Market, Agege, Lagos.
In a letter dated November 6, 2024, Dr. Pinheiro, representing Mr. and Mrs. Olugbenga Edwards Ayo-Odugbesan, criticized the Assembly’s recent actions, including an invitation for the couple to appear before lawmakers on November 5.
He argued that this summons over allegations of fraud and aggressive actions could overstep legislative authority and violate Nigeria’s constitutional principle of separation of powers.
Pinheiro advised his clients against attending the Assembly meeting, warning that it could amount to contempt of court, as the land ownership issue is presently before the courts.
The letter was addressed to the Lagos Assembly and copied to President Bola Tinubu, Lagos State Governor Babajide Sanwo-Olu, and the Attorney General of Lagos State.
The Assembly’s summons followed an October 31, 2024, petition from a group called Concerned Agege Residents, which claimed the disputed land belongs to Agege Local Government, led by Alhaji Kola Ganiu Egunjobi. The group alleged that the Ayo-Odugbesans had fraudulently acquired governor’s consent for the property and had shown aggression.
Pinheiro stated, “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.”
Pinheiro further argued that he found no constitutional grounds allowing a House of Assembly to investigate criminal allegations or resolve land ownership disputes.
“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,” he added.
Pinheiro questioned the Assembly’s willingness to act on a petition from anonymous individuals, especially when Agege LGA, the alleged rightful owner, had not raised any complaint.
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.”
He also expressed surprise that the Assembly would summon his clients when the Agege LGA itself had not made a claim, while noting that the Ayo-Odugbesan couple accused the council of unlawfully demolishing the property.
“What is more, these matters, the subject of your invitation, are sub-judice and presently pending before a court of competent jurisdiction,” Pinheiro added.
Additionally, Pinheiro criticised the Assembly’s apparent neglect of his client’s previous petition, submitted on October 3, 2024, which raised concerns over the unlawful demolition of a school on the disputed land. The school, an NGO providing low-cost education to underprivileged children, has been in operation for about 30 years.
“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,” he wrote, cautioning Speaker Obasa to “exercise restraint.”
Pinheiro further remarked, “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 Progressives Congress but also to what Lagos State as the Centre of Excellence has always stood for.”
