The Supreme in Abuja on Friday dismissed a suit filed
by the Federal Government challenging the Land
Regularisation Policy of the Lagos State Government.
A seven-man panel of the apex court, in a ruling,
upheld the preliminary objection filed by the State
Government to contest the legality of the suit.
By the policy, the State Government had specified the
process of ratifying the title of holders of Certificates
of Occupancy said to have been obtained from the
Federal Government.
But the Attorney General of the Federation (AGF)
represented by Mr. Olisa Agbakoba (SAN), had in a
suit with reference number SC/50/ 2011, invoked the
original jurisdiction of the Supreme Court to challenge
provisions of the policy.
While arguing the case, Agbakoba had cited particular
properties where title holders were required by Lagos
State to pay certain amount as “Ratification” of their
title before any other transactions can be permitted on
such land.
But by way of a preliminary objection, the State
Government raised objection to the effect that the
Supreme Court could not exercise original jurisdiction
in the matter, reason being that the subject matter
was a land matter within the exclusive jurisdiction of
the High Court.
The office of the State’s Attorney General and
Commissioner for Justice, also argued that the AGF
lacked the locus to file the action on behalf of the
Federation against the State Government on account
of the fact that the matter in dispute was between
Federal Government and the Lagos State Government.
The arguments of the State was said to have been
based on a recent judgment of the Supreme Court
delivered in 2014 where the apex court held that
disputes between a State Government and the Federal
Government cannot be arrogated to the Federation of
Nigeria in order to cloak the Supreme Court with
Jurisdiction to hear same.
After considering arguments for and against the suit,
the Supreme Court in its ruling delivered by Justice
Clara Ogunbiyi held that although it did not agree that
it could not entertain the matter in its original
jurisdiction, but from available evidence, the Federal
Government had divested itself of the titles to
properties which were subject of the suit and
therefore had no locus to bring the action.
The preliminary objection of the State Government was
therefore upheld and the suit dismissed.
By the decision, the Supreme Court has now laid the
dispute to final rest.








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