A Senior Advocate of Nigeria, Dr. Kemi Pinheiro, has advised the Lagos State House of Assembly and Speaker Mudashiru Obasa to refrain from interfering in a police investigation and active court proceedings concerning a property dispute over land located at No. 47, Old Ogba Road, near M.K.O Abiola Market, Agege, Lagos.
Representing his clients, Mr. and Mrs. Olugbenga Edwards Ayo-Odugbesan, Dr. Pinheiro raised concerns in a letter dated November 6, 2024, criticizing the assembly’s November 5 invitation to his clients. He argued that summoning them on allegations of fraud and aggressive actions infringes on the constitutional separation of powers.
The lawyer warned that compliance with the assembly’s invitation could lead to contempt of court, given the matter’s ongoing legal proceedings. He further questioned the Assembly’s jurisdiction in investigating alleged criminal activities, asserting that such responsibilities fall solely under the purview of law enforcement agencies as per the Constitution and Police Act.
Dr. Pinheiro emphasized the assembly’s apparent overreach in his letter, which was also sent to President Bola Tinubu, Lagos State Governor Babajide Sanwo-Olu, and the state’s Attorney General. He noted that the Assembly’s actions followed an October 31, 2024, petition by a group named Concerned Agege Residents, which claimed the property belonged to the Agege Local Government. The petition accused the Ayo-Odugbesan couple of fraudulent acquisition of the Governor’s consent for the land and alleged aggressive actions.
Pinheiro remarked, “I cannot find any provision in the Constitution that grants a House of Assembly, or even the federal legislature, powers to investigate crimes or make determinations on land ownership.”
He questioned the credibility of the Concerned Agege Residents’ petition, especially given that Agege LGA and its Chairman, Alhaji Kola Ganiu Egunjobi, had made no formal complaints. He expressed surprise that the Assembly would entertain a petition from anonymous sources without input from the LGA itself.
Dr. Pinheiro also criticized the Assembly for ignoring a petition his clients submitted on October 3, 2024, regarding an alleged illegal demolition on the same property, which operates as an NGO school for underprivileged children. He expressed disappointment that the Assembly had not prioritized investigating the actions of the local government chairman involved in this demolition, despite allegations that he had claimed support from the Speaker himself.
Dr. Pinheiro concluded by urging the Assembly to exercise restraint and uphold the separation of powers, allowing the judiciary and law enforcement agencies to handle the case. The hearing is pending in court, and further Assembly involvement could complicate the legal process.
