ISAGA COMMUNITY: HUMAN RIGHTS ACTIVISTS, LAWYERS COMMEND SUCCESSFUL EXECUTION OF LONG-AWAITED COURT JUDGMENT AFTER 23 YEARS
Solanke Ayomideji Taiwo
In a significant development for the Isaga community in the Owode Yewa area of Ogun State, human rights activists and legal experts have expressed their satisfaction with the peaceful and successful execution of a court possession order that has been pending for over two decades. The execution, which took place recently, has been hailed as a triumph of the rule of law in Nigeria.
James Olasina, the Coordinator of the Centre for Human Rights and Social Justice, alongside eminent lawyer Babatunde Shaji, commended the police and other security agencies for their effective role in carrying out the court order. Their praise follows a lengthy legal battle involving a land dispute that has seen numerous court appearances and judgments over the past 23 years.
The recent execution pertains to a Possession Order from the Ogun State High Court, stemming from a ruling by Honourable Justice AA Shobayo in the case of Alhaji Atobatele and nine others against Mukaila Oguntade, Sheriff of the High Court of Justice, Deputy Sheriff of the High Court of Justice, Ilaro, and the Commissioner of Justice, Ogun State (Suit No M/01/2024). Alhaji Ajibade and other claimants had challenged an earlier ruling affirming Mukaila Oguntade as the rightful owner of a substantial parcel of land within the Isaga community.
This prolonged dispute dates back to a 2011 High Court decision by Justice O Onafowokan, which recognized Bashiru Oguntade, the late father of Mukaila Oguntade, as the legitimate owner of the contested land. Although the ruling was upheld by the Ibadan Division of the Court of Appeal, the rightful owners faced significant obstacles in executing their possession order, as individuals opposed to the judgment resorted to violence and legal maneuvering to remain on the land.
Olasina expressed his appreciation for the police's action in enforcing the court order after years of delays and defiance from those resisting the judgment. "In the past, some individuals had prevented the execution of the Possession Taken Order from the competent court, and the police refrained from taking action against them for contempt of court," he stated. "It is commendable that the police have now intervened to protect the rights of the judgment creditors."
Babatunde Shaji also emphasized the importance of the rule of law, highlighting the responsibilities of the police in upholding court orders. He noted, "After the latest judgment, certain third parties attempted to challenge the ruling in the High Court, seeking to set it aside, but their requests were denied. Consequently, the claimants proceeded with executing the order."
Despite the court's clear ruling, Shaji pointed out that some occupants of the land were reluctant to vacate, defying the legal mandate. He reiterated that adherence to court orders is mandatory and that the state has the authority to enforce such mandates through law enforcement. "When a competent court issues an order, it is binding. Those who disobey it risk facing the consequences enforced by state authorities," he warned.
Both Olasina and Shaji called for ongoing protection of the rule of law and encouraged the residents and defendants to seek amicable solutions through negotiation with the claimants, suggesting that compromise may be possible if all parties are willing to engage constructively.
This recent execution of a court order marks a critical step toward reinforcing legal integrity in Ogun State and could serve as a precedent for addressing similar long-standing disputes in Nigeria. The collaborative efforts of human rights activists, legal practitioners, and law enforcement highlight a commitment to ensuring justice and protecting citizens' rights in the face of protracted legal battles.
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