Catholic Archdiocese of Lagos appeals judgment over Okoya Street property

The Catholic Archdiocese of Lagos has approached the Court of Appeal, Lagos Division, seeking to overturn a Lagos State High Court judgment declaring the Lagos State Government the owner of a disputed property at No. 17/19 Okoya Street, Idumagbo, Lagos Island.

The Archdiocese, through the Sole Trustee of the Catholic Archdiocese of Lagos, is asking the appellate court to set aside the judgment delivered by Justice Iyabo Kasali on January 10, 2018, and to uphold its claim to ownership of the property, in an appeal marked CA/L/W/644/2019 arising from suit No. LD/120/2000.

The church said it acquired the entire property from the Lagos Executive Development Board through a conveyance dated September 15, 1938, registered as No. 27 at page 27 in Volume 483 at the Lands Registry, Alausa. It argued that the title document is evidence of its ownership and that there is no proof that its interest in the property was lawfully acquired or revoked by the state. According to the appellant, the property covers Block 1, Plots 1, 2, 3, 16, 17 and 18, where St Patrick's Catholic Church and the primary school are located.

In its proposed amended notice of appeal, the Archdiocese argued that the government's takeover of the management of St Patrick's Catholic Primary School did not automatically confer ownership of the land on the state. It said the trial court failed to distinguish between the school premises and the church's other facilities, including a dilapidated structure that previously served as a school building and church hall, and which it said continued to host Sunday services and other religious activities after the school was taken over.

The church also contended that the lower court wrongly relied on an admission that the government assumed control of schools in 1979, under the administration of then Lagos State Governor Lateef Jakande, to conclude that the property belonged to the state. It argued that the government failed to produce the relevant acquisition instrument or establish the precise boundaries and extent of the land allegedly acquired, and called into question compliance with the Land Use Act and Section 44 of the 1999 Constitution. It cited the decision in Archbishop Okogie v. Attorney-General of Lagos State (1981) 2 NCLR 337.

The Archdiocese is asking the Court of Appeal to allow its appeal, set aside the High Court judgment, dismiss the government's counterclaim, void the purported acquisition of the St Patrick's Catholic Primary School premises at No. 17/19 Okoya Street and grant its own counterclaim in full.