• Mon. Feb 26th, 2024

Oba Elegushi’s Title Fails On Inland Waterways, As Supreme Court Struck Down Lagos State Government’s Control Of Inland Waterways

ByEmmanuel Etim

Feb 6, 2024

The Supreme Court of Nigeria in a land mark judgment delivered in the case of NATIONAL INLAND WATERWAYS AUTHORITY & OTHERS VS LASWA, GOV. OF LAGOS STATE & ATTORN. GEN. OF LAGOS STATE with Suit No: SC.17/2018 on the 5th day of January 2024 by JOHN INYANG OKORO JSC leading other 4 Supreme Court Justices declared null and void Lagos State Waterways Authority Law, 2008.

Since the Title of Oba Saheed Elegushi is based on the Title issued by the Lagos State Government, it follows also that the Monarch Title has also collapsed.

The above statement is based on both Law and Facts, says Olajide Ajana, a Lagos based Legal Practitioner and Real Estate Advisor.

“The Supreme Court Judgment delivered on 5th January 2024, led by Justice Okoro at page 37 stated; “I have read through both National Inland Waterways Authority Act 2004 and the Lagos State waterways authority law 2008. I have no doubt whatsoever that both statutes have identical provisions.

“Section 22 of the LASWA law defines under the control of the first respondent to include all waterways, Rivers, Creeks, lakes, tiled land and lagoons within the boundaries of Lagos State” Similar to definition of “Inland waterways” in Section 29 of national inland waterways authority act which includes all waterways. Rivers,Creeks, lakes, tiled land, lagoons below the water based line.

“The Supreme Court further held : both enactment must not and cannot subsit side by side. The National Inland Waterways Authority Act being a Federal law must prevail whereas the identical law enacted by the Lagos State act of Assembly must be and is hereby declared null and void.

“The consequese and implication of the above pronouncements by the Supreme Court which is the highest and final Court in Nigeria is that all persons including Kabiyesi Oba Saheed Elegushi who derived title from the Lagos State Government in respect of the Inland water ways are bound and affected by the Judgement of the Supreme Court with no exception.

“Once the Title and the Claims of Lagos State has failed, the Title of Oba Saheed Elegushi and others to the area being sand filled at Orange Island axis of Lagos State has also failed, being derived from the Lagos State Government.

“The press Statement recently issued by Oba Saheed Elegushi to the effect that he is not a party to the case of NIWA VS LAGOS STATE GOVERNMENT and therefore attempting to trivialize impact of the judgement as circulating fake news is very unfortunate.

“The previous Press Statements issued with regard to the recent Supreme Court Decision to enlighten the general public and investors are based on Law and facts

“The General public and investors should be properly guided and understand that the Supreme Court is the highest court in Nigeria and their decisions are final and cannot be appealed.

“Also when the root Title to a property is affected, it affects everyone claiming from the same root, which is the case with Oba Saheed Elegushi’s Title which was derived from Lagos State Government.”

Olajide Ajana is a Lagos based Legal Practitioner and Real Estate Advisor with Office in Victoria Island Lagos.
oajana@yahoo.com

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