From: Godwin Tsa, Abuja

The Supreme Court on Friday struck out an application filed by the Federal Government seeking to stop the Lagos State Government from asserting control over landed property it sold out to individuals and corporate bodies.

In a unanimous decision, the Supreme Court held that since the Federal Government had already sold out the properties and divested it’s interest in them, it can no longer have any interest that can be threatened by any action of the Lagos State Government.
The decision of the apex court followed a suit brought by the Attorney General of the Federation (AGF), seeking to stop Lagos State Government from having any control on the sold properties, the Supreme Court held that the Federal Government against the Lagos State Government can no longer invoke the jurisdiction of this court since it has no standing to do so.

Justice Musa Dattijo Muhammed, who delivered the ruling of the Seven-member panel of Justices of the apex court, held that the objection of Lagos State against the Federal government Suit was accurate and correct on the ground that the Federal government no longer has any interest to protect on the properties.

Justice Muhammed agreed with Lagos that the Federal government, haven transferred it’s title in the land to others, it is untenable for the same Federal government to try to assert that its interest is being adversely threatened by the action of the Lagos State government.

“The Plaintiff, who lacks the standing to sue cannot invoke the original jurisdiction of the Supreme Court to assert a title it no longer has. It will academic and hypothetical for the court to proceed in a matter it has no jurisdiction”, Justice Muhammed held.

The Federal Government had, between 1967 till date sold off its landed properties in Lagos State to individuals and corporate bodies

Dispute however arose when Lagos State government directed the buyers of the said properties to regularise the ownership of the properties with the state certificate of occupancy (C of O) on the ground that the properties are situate in Lagos.

In reaction to the action of the Lagos State government, the Federal Government, through the AGF had approached the Supreme Court to invoke its original jurisdiction and order that Lagos State government has no right to assert any control over the properties it had sold out.

The Lagos State government had, in its objection asked the Supreme Court to strike out the application of the Federal government on the ground that, having sold out the properties, it is no longer the appropriate party that can sue on whatever action the state intends to take with the new owners.

The Supreme Court agreed with the Lagos State government that the Federal government, having sold out the properties, no longer has any interest to protect on the properties again,

The unanimous ruling consequently struck out the application of the Federal government in favour of the Lagos State.