From: Godwin Tsa, Abuja
The Supreme Court yesterday struck out an application filed by the Federal Government seeking to stop the Lagos State Government from asserting control over landed property it sold to individuals and corporate bodies in the state.
In a unanimous decision yesterday, the Supreme Court held that since the Federal Government had already sold out the properties and divested its interest in them, it could no longer have any interest that could 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 could no longer invoke the jurisdiction of the court since it had 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 latter no longer has any interest to protect on the property.
Justice Muhammed agreed with Lagos that the Federal Government, having transferred its title on the land to others, it was untenable for the same Federal Government to try to assert that its interest was being adversely threatened by the action of Lagos State.
“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 be 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 property to regularise the ownership of the property with the state Certificate of Occupancy (C of O) on the ground that the property was situated 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 had no right to assert any control over the property 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 property, it was no longer the appropriate party that could sue on whatever action the state intended to take with the new owners.