CLOUDS of uncertainties have remained in the air over the ownership dispute involving the imposing and notable property housingthe Nigerian Armed Forces - the Army, Navy and Air force - located at Nos. 1-3, Moloney Street, Central Lagos, Lagos Island, popularly referred to as Ministry of Defence (MOD) building.And concerned parties have expressed worry on the snail-pace at which the case is being conducted. The Guardian learnt that throughout 2011, the case did not get any progress whatsoever over one reason or the other.When Branco family led by Mr. Simon Kouvi Kappo and two others, sued the government, it was over the alleged wrongful acquisition of the property. However, the suit, which started in 1986, was concluded some years back by the trial court when the court entered a N500 million judgment sum as compensation to the plaintiffs.Justice Adenike Coker had in her judgment awarded the sum of N500 million against the government, being an alternative relief sought by the family.But government's position remains that the Lagos High Court has no jurisdiction to hear and determine the suit, on the ground that the dispute involves Federal Government's agencies. In its reaction to the judgment, the government had asked the court to stay further proceedings pending a determination of an appeal against the verdict.Justice Coker in her ruling over stay application, had in late 2009 ordered the government through the Ministers of Justice; Environment, Housing and Urban Development, to obtain within 21 days a bank guarantee, which will cover the N500 million judgment sum.In their statement of claim, the property in dispute, forms part of the freehold estate of Joaquim Francisco Devode Branco (deceased), by virtue of a Deed of Conveyance dated July 19, 1912 and registered as No. 106 at Page 402 in Volume 77, at the Lands Registry Office, Ikeja, Lagos.The claimants' averred that the executors of the estate of late J. F. D. Branco, leased the subject property to the Mattar Brothers for terms of 50 years on September 2, 1957 and September 17, 1958 in that order.The claimants said that the Mattar brothers subsequently assigned to Lesco Properties Limited, a company owned by Mr. F. A. Ijewere, the unexpired terms of leases. Ijewere was a former worker of the Central Bank of Nigeria (CBN). But the government according to the claimants, through the public officers (forfeiture of assets), Order No. 33 1978, forfeited to and vested in itself some properties which included the subject property purportedly on the basis that it belonged to Ijewere.The claimants added that their freehold interest, now deemed a statutory right of occupancy in and over the subject property, had never been alienated and the only interest held by Ijewere was the unexpired term of the 50 years lease. They said that in the 'Last Will' and testament of the late J. F. D. Branco dated June 14, 1919, it was expressly stated that subject property was never to be sold but to remain a family property. The claimants said that the government, having forfeited the said acquisition of the 'unexpired' terms of the said leases granted Ijewere, became their lessee and are legally bound by the terms and conditions of the said leases.They alleged further that the Federal Government, since becoming their lessee had willfully failed to pay any rent whatsoever for the use and occupation of the said property as stipulated and required by the said leases.Pursuant to the proviso contained in the leases, the claimants as lessors of the defendants said government has a right to forfeit the leases as the defendants have been in breach of payment of rent. According to them, the arrears of rent due from the Federal Government of Nigeria from July 1977 to July 2004 at a yearly rent of 1,100 at the prevailing exchange rate of N250 amounts to N7,425,000.'By reason of the mistaken forfeiture by the Federal Government of Nigeria, the claimants' legal interest has been encumbered without any lawful justification.' The claimants said that the 'purported forfeiture and acquisition of their proprietary interest in the subject property is arbitrary and unlawful.'But the defendants in their counter claims said that the Federal Ministry of Works and Housing, Lagos in 1975 requisitioned the said property in accordance with the powers conferred on it by law and in particular Sections 1, 2, 3, 5, 7, 8 and 10 of the Requisition and other Powers Decree No. 39 of 1967.They also said that notices of the Federal Government's intention to take possession of No. 1/3, Moloney, Lagos and to acquire ownership thereto, were duly served on the occupiers and all other people who had interest in the property prior to the requisition order.The government also claims it is the bona-fide owner of the property and that title is vested in her absolutely.Government added that since the claim of the plaintiff arose out of land that was compulsorily acquired by the government in 1975 by virtue of the Requisition and other Powers Decree No. 39 of 1967, the Public Lands Acquisition (Miscellaneous Provisions) Decree No. 33 of 1976 and the enabling Decree, are the proper statutes applicable in this case.The defendants added that no serious damage nor injustice will be done to the plaintiffs by their originating action in the proper court as the occupiers of the premises, Messrs Lesco Properties Limited, R.C. Irving and Lagos Building Society Limited did in Suit No. LT/LS/3F/81 and LT/LS/3F/94.To them, the plaintiffs are not entitled to the declaration sought. Besides, they said the plaintiffs are not entitled to the amount or part thereof as claimed in their amended statement of claim as the property on requisition continued to vest in the Federal Military Government of the Federal Republic of Nigeria absolutely.While denying liability to the plaintiffs in the amount or part thereof as claimed, the government team said it would at the trial urge the court to dismiss the plaintiffs' claim to owning the property, saying it is statute barred. They also claim that the claimants' assertions are frivolous, vexatious, speculative and an abuse of the process of this court.
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