TBS sale halted, lawsuit pending, Lagos informs FG

Ibekimi Oriamaja Reports

THE Lagos State Government urged the Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, yesterday to advise the Federal Government against selling or granting concession of the Tafawa Balewa Square, TBS, in the state’s Lagos Island area.

In response to the Federal Government’s plan to sell TBS and other properties, Lagos State Attorney-General and Commissioner for Justice, Moyosore Onigbanjo, said in a statement that the matter is still before the Supreme Court.

In a statement titled ‘RE: Budget Deficit: Government May Sell TBS, NIPPs, and 25 Key Assets,’ Onigbanjo urged Malami to halt the move until the outcome of the suit filed by the AGF’s office in the Supreme Court.

“The attention of the Lagos State Government has been drawn to a news report on the front page of a national newspaper, dated October 21, 2022, that the Federal Government, through the Federal Ministry of Finance, Budget, and National Planning, is planning to either sell or grant concession in respect of Tafawa Balewa Square in Lagos Island, Lagos State,” the statement reads.

“The Attorney-General of the Federation, AGF, must be aware that the Federal Government’s position to either sell or concession the Tafawa Balewa Square cannot be valid because the AGF is the Plaintiff in Suit No. SC.508/2012 between the Attorney-General of the Federation vs. the Attorney-General of Lagos State, which is pending before the Supreme Court and in which the AGF is seeking a declaration that the ownership of the land, building, monuments, structures, and fixtures better

“The Apex Court has scheduled a hearing for November 1, 2022.”

“Unfortunately, this is the second time the Federal Government and its agencies have taken this position, which is quite contrary to the recognition that there is an existing and pending dispute between the parties about ownership of the Tafawa Balewa Square, resulting in the AGF invoking the Supreme Court’s original jurisdiction to seek resolution of the dispute between the Federal Government and the Lagos State Government.”

“On June 17, 2021, in response to the Federal Government’s first attempt to circumvent the matter pending at the Supreme Court, the Lagos State Government took out an advertorial in a national newspaper to refute the Federal Government’s and its Agencies’ claim to ownership of the Tafawa Balewa Square.”

“A copy of the advertisement is attached for your convenience.”

“It is the position of law that once parties have submitted to the court’s jurisdiction, they are not to take any action that will affect the subject matter of the Suit, and any plan to either sell or concession the Tafawa Balewa Square during the pendency of the Suit before the Supreme Court will violate the principle of lis pendis, and such sale or concession is liable to be declared null and void.”

“As the Chief Law Officer of the Federation, it is incumbent on your office to advise the Federal Ministry of Finance, Budget and National Planning, and the Bureau of Public Enterprises that no such sale or concession in respect of Tafawa Balewa Square is to be undertaken until the Supreme Court determines the Suit instituted by your office.”

Fashola, Akiolu, and Shasore want the FG to return TBS and others to Lagos.
Ahead of the 2015 general elections, Lagos State Governor Babatunde Fashola and Lagos’ paramount ruler, Oba Riliwanu Akiolu 1, urged the Federal Government yesterday to return the Tafawa Balewa Square, TBS, to its original owners, Lagos, saying that “the central government was given the edifice to manage.”