A decision by the Lagos State Chief Judge, Justice Kazeem Alogba, to withdraw the case file in a protracted land dispute before the Ikeja High Court has stalled proceedings, leaving parties uncertain about the next steps.
The development occurred at the Lands Division of the Ikeja High Court presided over by Justice Akin Savage, where the suit between Nasco Town Limited and Mr. Abiodun Ariori, the Chief Michael Mojisola Cole family and others was slated for hearing.
The matter, filed in 2020 and listed as the first case of the day, was set to proceed until Justice Savage announced in open court that the file had been withdrawn.
“The Chief Judge has called for the file, and it is with him,” the judge said, noting that no reason had been provided and that the court was awaiting further directives on whether the case would be reassigned or returned.
When claimant’s counsel, Senior Advocate of Nigeria, Chief Anthony George-Ikoli, sought clarification, the court maintained that it had no information on the reason for the action.
“The Chief Judge has the power to call for any file at any time. I do not have the authority to question his actions. When the file is returned, we shall inform you,” Justice Savage stated before proceeding to the next matter.
The development effectively halted hearing in the case, which has experienced delays since its inception, particularly due to issues relating to service and pre-trial processes.
Following the incident, George-Ikoli wrote to the Chief Judge requesting clarification on the status and purpose of the withdrawal. He noted that the case had yet to progress significantly beyond the pre-trial stage and expressed concern over the indefinite suspension of proceedings.
According to the letter, the uncertainty has made it difficult to properly advise the claimant, especially in the absence of any timeline for reassignment or resumption.
Nasco Town Limited also petitioned the Chief Judge. In a letter signed by its Executive Coordinator, Dr. Mustapha Sulaiman, the company questioned the sudden administrative action and the lack of prior notice.
The firm further raised concerns over what it described as unequal access to information regarding the withdrawal, stating that it was unaware of any petition or application that may have triggered the move.
Nasco said it has been in possession of the disputed land since 1978 under a federal government lease and has carried out extensive developments, including reclamation and industrial activities. It added that part of the land was subleased to Michelin Tyres Limited in 1981 and later designated as a Free Trade Zone.
The company alleged that the dispute intensified in 2018 when Mr. Ariori and members of the Cole family entered the land with armed policemen, claiming to enforce a 1997 consent judgment. It, however, maintained that the judgment did not relate to the land in dispute and had already been executed elsewhere.
Nasco also attributed earlier delays in the case to difficulties in serving the defendants, which led to repeated adjournments before the suit was properly instituted in 2020.
Against this backdrop, the company described the withdrawal of the case file as unexpected and urged the Chief Judge to provide clarification, stressing the need for transparency and fairness.
The disputed land, registered as No. 25 at Page 25, Volume 81 of the Lagos State Land Registry and covered by Survey Plan No. JLS/23/78, remains under litigation.
As of the time of filing this report, the Lagos State Judiciary had yet to issue any official explanation for the withdrawal or indicate when the matter would be reassigned.
The development has left the case in limbo, with parties awaiting further administrative direction on the resumption of proceedings.
