Lagos State Attorney-General and Commissioner for Justice, Moyosore Onigbanjo (SAN), yesterday, cautioned the Ministry of Finance, Budget and National Planning over alleged plan to sell Tafawa Balewa Square (TBS).
In a statement, he advised the ministry and Bureau of Public Enterprises (BPE) against selling or concessioning the facility until the suit instituted by his office at the Supreme Court is determined.
He said hearing in the case has been fixed for November 1,2022 by the apex court. Onigbanjo said the caution followed a media report insinuating that government was planning to either sell or concession the expanseproperty sited on Lagos Island.
He observed that Attorney-General of the Federation (AGF) could not feign ignorance to pendency of the matter in court.
His words: “The AGF is the plaintiff in Suit No. SC.508/2012 between Attorney-General of the Federation vs. Attorney-General of Lagos State pending before the Supreme Court.
“The AGF is seeking for declaration that the ownership of the land, building, monuments, structures and fixtures better known as Tafawa Balewa Square in the city of Lagos is vested in the Federal Government.”
The Lagos AG claimed that this is the second time the Federal Government and its agencies had taken position contrary to recognition of the pending suit to determine ownership of the asset.
“It is the position of law that once parties have submitted themselves to the jurisdiction of court, they are not take to any action that will affect the subject matter of the suit,” he restated.
Onigbanjo submitted that any move to dispose of the monument when the ownership dispute has been decided by the court amounts to violating the principle of lis pendis, and such sale or concession “is liable to be declared null and void.”
