By Efe Onodjae

Coordinator of the Centre for Human Rights and Social Justice ,James Olasina and eminent lawyer ,Babatunde Shaji has commended the police and other security agencies for a peaceful and successful execution of a court order in Ishaga community on Owode Yewa area of Ogun State after about twenty three years .

They also called on the security agencies to ensure that the order of the court is completely protected as a way of upholding rule of law in Ogun State and Nigeria as a country

The execution of the Possession Order from the Ogun State High Court followed landslide judgement by Honourable Justice AA Shobayo in a matter between Alhaji Atobatele and 9 others against Mukaila Oguntade ,Sheriff of High Court of Justice ,Ogun State ,Deputy Sheriff of High Court of Justice ,Ilaro and Commissioner of Justice ,Ogun State in Suit No M/ 01/2024

Alhaji Ajibade and the other applicants in the latest suit had felt uncomfortable with an earlier judgement of the same Ogun State High Court and the Ibadan Division of the High Court of Appeal ,which affirmed Mukaila Oguntade as the rightful owner of a large expanse of land ,covering Ishaga community in Owode

Justice O Onafowokan of the Ogun State High Court had earlier on 2011 in a matter marked HCL /18 /02 affirmed Bashiru Oguntade ,the father of Mukaila Oguntade as the rightful owner of the disputed land .

The judgment was contested at the Court of Appeal and it was again decided on favour of Oguntade but the judgment creditors were prevented from taking possession of their property ,despite an Appeal Court judgement .

Olashina ,while speaking on the execution of the judgment ,said ” At this point in time ,I want to commend the police for the successful execution of the court order of possession after many years of delay

In the past ,some people had prevented the earlier Possession Taken Order from the competent court and the police refused to act and charge them Contempt of the Court

The High Court initially pronounced Mukaila Oguntade ,who continued the case after the death of his father, as the rightful owner of the disputed land .

Those, who were not satisfied with the judgment approached the Court of Appeal on Ibadan and the matter was still determined on favour of Oguntade and instead of moving to the last decider ,which is the Supreme Court,they resorted to violence.

At a time ,when the High Court in Ilaro granted a Possession Taken Order and it was about to be executed ,they mobilized another set of people ,who are even tenants on the land to go to the same High Court”

He also continued that “Again ,the High Court affirmed Oguntade as the rightful owner and have a fresh Possession Taken Order ,which has now been successfully executed.

The police has a responsibility of ensuring that rule and law is protected and also protect the rights of judgement creditors.

Barrister Shaji also commended the execution of the Possession Taken Order and called for the protection of the rule of law

He said “Now, after the judgment, the third parties came out to challenge that judgment in the High Court. They were asking for an Order to set aside, which, unfortunately, the court refused. So, based on that, the claimant are now executing.

The occupier do not want to vacate the place now. They don’t want to obey the court order .

Now, when a court, a competent court of jurisdiction, makes an order, you are bound to obey it. If you fail to obey, the state also has instruments of coercion. The police are there, it’s their duty to enforce law and order. “

He advised that “They have gone to enforce the execution of the judgment. Now, the next thing is for the residents and the defendants to approach the claimant. Perhaps, for further settlement, they can compromise the judgment if they are on the same level.