RE: ALLEGED FORCEFUL TAKE-OVER OF LAND AT ALEO AND IMOLUMO IN IGOBA BY MR. PETER AKOMOLAFE AND MEMBERS OF HIS ELEMO IGOBA FAMILY; THE TRUE FACTS, THE LAW, AND THE LAWLESSNESS OF THOSE WHO ARE CRYING WOLF
The attention of the Elemo Igoba Family (our clients) have been drawn to some news in the social media sponsored by Oba Adeniyi Adinlewa (the Obalogun of Igoba) and some other occupiers of a parcel of land at Aleo and Imolumo in Igoba, Akure North Local Government Area of Ondo State, alleging that Mr. Peter Akomolafe and other persons are forcefully taking over “their land” and had brought bulldozers to destroy some of their houses and farms.
These are completely baseless and mischievous claims aimed at misleading the public. For the avoidance of doubt, Elder Peter Akomolafe is the current Head of the Elemo Igoba Family (our clients), and the Family are the bona fide owners of the vast expanse of land at Aleo and Imolumo in Igoba, 494.415 Hectares out of which is covered by an approved Perimeter Survey No. OD/1654/2012/095 dated 20/09/2012, drawn by Surveyor S.A Adeyemi in the name of the Family. The ownership of the said 494.415 Hectares at Aleo and Imolumo by our clients has been affirmed by the Ondo State High Court and the Court of Appeal in several judgments, including:
- The judgment of Ondo State High Court in Suit AK/289/2012: Hon. A.W
Olokunboro & Another (For themselves and on behalf of the Elemo of
Igoba Chieftaincy Family) V. Oba S. Ojo Jayeoba, delivered by Hon.
Justice O.A Adegbehingbe (now Justice of the Court of Appeal) on 17th
February, 2014; - The consent judgment of Ondo State High Court in Suit No.
AK/384/2012: Chief Akin William Olokunboro & 4 others (For themselves and on behalf of members of Elemo Family of Igoba, Akure North Local Government Area) V. Mrs. Moji Adelana & 3 others (For and on behalf of Osi Community), delivered on 3rd March, 2014 by Hon. Justice Olasehinde Kumuyi (Chief Judge- as he then was); - The judgment of Ondo State High Court in Suit AK/224/2014: Chief Akin
William Olokunboro & Another (For themselves and on behalf of Elemo
Family of Igoba) V. Wesco Akinwale & 9 others, delivered on 24th March,
2016 by Hon. Justice A.O Odusola (now the Hon. Chief Judge of Ondo
State); - The judgment of the Court of Appeal in appeal No. CA/AK/46/2017: Chief
Akin William Olokunboro & 3 others (for themselves and on behalf of
members of Elemo Igoba Family) v. Aderemi Adelana & Another,
delivered on 25/6/2021. It is pertinent to emphatically state that there is no appeal pending in any court against any of the above judgments affirming our clients as the owners of the land.
In fact, the Ondo State High Court had issued a Warrant of Possession of the
land in favour of our clients as far back as 8th August, 2016, consequent
upon which possession of the land had been subsequently delivered to our clients.
Legally, therefore, the land at Aleo and Imolumo in Igoba is our clients’
property, and any buildings or other permanent structures unlawfully
constructed thereon by any occupier without the knowledge or consent of
our clients equally belong(s) to our clients, based on the popular legal
principle “Quic quid plantatur solo, solo cedit”, meaning “whoever owns land owns whatever is permanently attached to it”.
Out of abundance of kindness however, our clients have been running public announcements and radio jingles to call on those who might have purchased land at Aleo and Imolumo from land racketeers and impostors, to approach them and legitimize their titles and occupation. Some did, while some recalcitrant others have failed to do so for more than seven years now. Furthermore, our clients recently received credible intelligence that some racketeers had started reselling parts of the land to unsuspecting buyers.
It was on the above premise that our clients moved into the land with
bulldozers to clear only the vacant portions there, whilst still refraining
themselves from demolishing the illegal buildings thereon, even though they have the unstoppable right and power to do so in law.
The only reason for the self-restraint exercised in this regard by our clients, is to give those who had illegally purchased portions of the land the final opportunity to approach the Elemo Family of Igoba to validate or legitimize their defective titles. Be it known to all men therefore, that any and every illegal building on the land would be brought down during the next phase of operations on the land by our clients.
The law is on their side. Those who are mischievously crying wolf where there is none are advised to make hay while the sun shines and further seize the opportunity created by our clients to negotiate the validation of their illegal occupation.
Otherwise, they risk completely losing whatever they might have constructed on the Elemo Igoba Family land in Aleo and Imolumo in Igoba, and would be left with only the option of going after the fraudsters who purportedly sold land to them for redress.
Signed
Femi Emmanuel Emodamori
For: Femi Emmanuel Emodamori & Co. (Solicitors to the Elemo Igoba Family) 1st March, 2024.
