Before the Upper Area Court verdict that now threatens to rewrite the history of their lives, residents of Olorunda Village in Alagbede, Ita-Alamu area of Ilorin, Kwara State, who number about 10,000 had lived on the land for about two decades, with all the privileges that any land owners are entitled to. Not so, any more, as they stand to lose their land, except they do the bidding of their new landlord.

As if to ameliorate their suffering, Mr. Salmon Jawondo, a former Chairman of the Nigerian Bar Association and counsel to Muhammed Alabi - the new land owner - has said the apprehension of Olorunda residents could be taken care of if they could negotiate with his client.

Alabi had brought an action before the Upper Area Court sitting in Ilorin, claiming ownership of the land. In its verdict, the court directed that the parcels of land on which the people of Olorunda Village constructed their buildings be delivered to the plaintiff, Alabi, who conveyed the land to the people.

The writ issued by the court directed the bailiff and other messengers of the court to transfer the possession of the affected land to Alabi.

 The writ reads: "Whereas by an order of this court dated the 27th July 2011, Alhaji Issa Alabi (substituted by Mallam Hassan Issa), Alhaji Hassan Said Animashaun and Alhaji Salihi Kareem were ordered to deliver to Muhammed Alabi  (for himself and on behalf of Abagun Family of Gaa Ubandawaki Village, via Sapati-Oko, Asa LGA) possession of the land and premises herein after mentioned; that is to say the vast expanse of land measuring 8.22 hectares marked as B in the site plan, situated and lying at Alagbede, Ita-Alamu area, Ilorin, Kwara State.

"You are hereby commanded to give possession of the said land and premises to the said Muhammed Alabi and to make a report of what you have done under this writ immediately after the execution thereof and to bring that report and this writ to this court."

Acting on the orders of the court, however, the executors of the judgment allegedly went a step further: they assaulted the residents physically and also humiliated them. Olorunda residents comprise landlords — most of whom are retirees — and tenants.

The people, under the aegis of Olorunda Community Development Association, argued that as at the time the suit was filed in 2008, they had legally purchased the lands and built their houses on it. They said some of them had built their houses more than 11 years before the 2008 suit.

In a letter addressed to the Speaker of Kwara State House of Assembly, Mr. Rasak Atunwa, and signed by the OCDA Chairman, Rafiu Ojuolape; Secretary, Mr. Solomon Odeyemi and Assistant Secretary, J.A. Adewunmi, the residents demanded that Alabi and his agent, Salihu Kareem,  be stopped from repeating  the alleged embarrassment, assault and intimidation meted to the entire community.

They also argued: "That the said plaintiff, Alabi, was never featured as an interested party in the purchase of lands in the area, where buildings have been constructed, and with a population of about 10,000 inhabitants affected."

The letter was also copied to the Director of State Security Service, Commissioner of Police, Special Adviser (Security) to the state governor; the Emir of Ilorin, Alhaji Ibrahim Zulu-Gambari; Chairman of Ilorin South Local Government and the Alangu of Opolo ward, among others.

Alabi's counsel, Jawondo, said the residents were being economical with truth. He said the matter had dragged on since 2001. According to him, the respondents had gone to High Court and the Appeal Court and were later directed by the Appeal Court to the Area Court.

He said, "They are liars. In fact, the case started since 2001 before most of them got to the land.  As at the time we instituted the case in 2001, we joined those who had something on the land then – about 26 of them – in the petition at the High Court. There was interlocutory injunction.

"We went to the Court of Appeal because one of them appealed. The Court of Appeal said it was Islamic law matter and that we should go back to the Area Court. We went to the Area Court, where we got consent judgment. In fact, some of them were in court to monitor proceedings. "Each time anybody initiated a new construction work on the land, they were always notified.  But the person who sold the land to them always asked them to continue."

Jawondo said since his client won the case, he (alongside his family) has automatically become the owners of the land; but that they were willing to show compassion on the residents, hence his client's directive that the defendants come for negotiation.

He said some of the people responded, while others felt they had no reason for fresh negotiation; and that they actually misinformed the State Security Service about the true position of things.

"Even if they had bought land from any of the defendants either wrongly or rightly, the law is that whatever is on the land belongs to the owner of the land. So, the land is ours as the winners of the case. So they cannot use their purchase from a wrong party to begin to confer title on themselves.

Jawondo argued that, to show that the defendants "are malicious," they refused to respect the verdict.

"We served them the copies of the judgment; and as for those that we did not meet, we attached the letter to the property on the land, asking them to come to our office for negotiation on the issue. Some of them came to our office and we opened a register for them; but most of them said they would not come.

"We then proceeded to execute the judgment, by employing the services of a bailiff and 35 policemen, but the residents attacked them. In fact, two of them were unruly and the police arrested them," he said.

Jawondo said when the two men were brought to the police station, his client only asked the police to caution them because he was no longer interested in any case. "Police then cautioned them and released them." 

He added that they had to apply to the Commissioner of Police through the court, who then reinforced the security which enabled them to execute the judgment to some extent.

He stated that the lawyer of the residents agreed at the SSS office that they would come for negotiation so that his clients could have "a soft landing;" but, so far, he said, "they are yet to come."

Jawondo said if the residents could arrive at an acceptable negotiation with Alabi, they would be accommodated. 

He said, "We are very compassionate not to render the residents homeless, even though we have legal rights over the land consequent upon the court judgment.

"My client believes that legally, he has the land; but morally and as human beings, we must consider their plight; we are ready for negotiation. But they have ignored us. I understand that there is a former member of the House of Assembly who has several buildings there. He reportedly said he was a senior citizen and that nothing would happen. Now, he has realised that the legal position is a reality."