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Rescind Allienation Of TBS To Private Persons – Lagos Eminent Citizens, Elders Tell Yar’adua

Dec 23, 2008 - Elders and Eminent Citizens of Lagos State have called on President Umar Musa Yar’Adua to rescind the recent sale of the Tafawa Balewa Square (TBS) to private persons saying the Federal Government has no title or ownership right over the Square to take such an action.

In a petition signed by 60 eminent persons “for and on behalf of the Lagos State Council of Obas and Eminent Citizens”, the members also asked the President to revert the sale and possession of the TBS “to status quo ante” and to direct that the property be handed over to the Government and people of Lagos State.

In the petition dated November 24, 2008, the Eminent Citizens expressed shock and consternation that the Federal Government officials could go ahead and sell off the TBS without recourse to the Lagos State Government especially after their audience with Mr. President on the matter.

“On our part, we are in consternation that, following the kind audience you graciously gave us, the outcome of which was given wide publicity in the media, Federal Government officials could sell off, or purport to sell off, our state land, our heritage. We expected that a sense of due process would have directed the officials of Bureau of Public Enterprises to have at least notified us when the amicable policy towards our cause became one of confrontation and disdain by the Bureau”, the Eminent Citizens said.

Tracing the historical antecedent behind the ownership of the TBS, the Eminent Citizens recalled that the Square was transferred to the Lagos State Government on creation of the State in 1967, pointing out that the Square was at that time being used for Horse Racing.

The Elders recalled that TBS, then called Race Course, was transferred to the State Government under the then Military Governor, Brigadier General Mobolaji Johnson, who then set up the Tafawa Balewa Square Management Committee under the chairmanship of the late Chief Adeyemi Bero, adding that use of the Square was later in 1971granted to the Federal Government for public purpose as parade ground.

“What the Lagos State Government granted the Federal Government was not title to T.B.S. but “management and control” to enable the Federal Government to use T.B.S. as a parade ground for national occasions like Independence Day and the pending visit of Queen Elizabeth 11 of England to Nigeria”, the Elders said.

Quoting the case of Oduntan Onisiwo v. the Attorney General (1912)2 NLR 79 delivered by Osborn CJ in relation to the definition of Crown Land or State Land, the Eminent Citizens noted that Lagos was neither part of His Majesty’s “Protectorate” of Nigeria nor subject of treaty or “convention” or “agreement”, pointing out that by virtue 1954 Constitution, section3(1), the three constituent Regions and the other two constituent units of the Federation had title to “Crown Lands” in each Region that were initially vested in Her Majesty.

They further explained, “In the case of Lagos State, on its creation in 1967, the same rule applied: the G.R.A.’s in the Colony Province of Western Region became Lagos State Lands and properties. And the State lands controlled by the Federal Government as the “regional government” of Lagos City or former Federal Territory were automatically transferred to Lagos State in May 1967 by operation of the Law, save the exemptions as contained in the 1954 Regulations”.

“For this and other reasons, the Crown Lands Ordinance, Chapter 45 of the Laws of the Federation of Nigeria and Lagos”, 1958 edition, volume 2 was incorporated in the Laws of Lagos State as Chapter 130 in the 1974 revised edition”, they said.

Recalling the meeting with the President on the status of some Government properties in the State, the Chiefs reminded the President, “Your Excellency Patiently listened to the presentation and submission of the Eminent Citizens. Your Excellency assured us that the aspect of the presentation that are capable of being resolved will be resolved amicably and aspects that are not capable of amicable resolution will be resolved in court”, expressing dismay that while waiting the resolution of the matter, the BPE went ahead to “transfer” the TBS to private persons.

The petition, bearing the seal of His Royal Majesty, Oba Riliwanu Akiolu 1, the Oba of Lagos, was signed by 60 prominent Obas and Elders of Lagos State including the Speaker of the State House of Assembly, Rt. Hon. Adeyemi Ikuforiji, former Lagos State Governor, Alhaji Lateef Jakande, Oba Raufu Amore of Ikeja, Oba Biodun Oniru of Iru Land and HRM De-Whenu Aholu Menu-Toyi 1, Akran of Badagry, among others.