The protracted land dispute within the upscale NICON Town Estate in Lekki, Lagos, has escalated significantly. Residents and plot owners are now pressing the Lagos State High Court to abandon the current legal approach in favor of a full-blown trial that would allow for oral testimony and cross-examination.
Residents Challenge Legal Procedure, Allege Fraud
At the Tafawa Balewa Square division of the court, the Incorporated Trustees of the NICON Town Residents and Plot Owners’ Association, alongside 14 homeowners, argued that the case is unsuitable for an originating summons. They contend this legal procedure is inadequate for a conflict riddled with allegations of fraud, conflicting documents, and sharply divergent accounts of the estate's ownership history.
The suit, LD/5141/LM/2024, was filed by Harris Dredging Limited and the NICON Town Management Company (NTMC). The claimants seek court confirmation of Harris Dredging's title to a 5,899.31-square-meter plot in the estate's Community Centre Zone and validation of a 2010 deed of sub-lease.
Defence counsel, Adebayo Adeyemo, emphasized that the controversy extends far beyond simple document interpretation. He stated the case involves major disputes over the authenticity of the claimants' documents, NTMC's authority to issue them, and serious accusations of misrepresentation. He cited Supreme Court precedents, arguing that originating summons should not be used where facts are heavily contested.
Clashing Agreements and Claims of Unauthorized Leases
George Oguntade (SAN), counsel for Harris Dredging and NTMC, countered that the matter primarily concerns interpreting a May 31, 2023 settlement agreement signed by all parties, which he said confirmed his client's title.
However, Titilola Akinlawon (SAN), representing the first defendant, highlighted an earlier 2016 agreement that contradicts the claimants' position. She asserted that the existence of multiple, conflicting agreements necessitates a full trial for a fair resolution.
In a sworn affidavit, the second defendant, Adekola Balogun, argued that the disputed land is part of the estate's Community Centre Zone, designated for public utilities and recreation under an approved 2003 layout. He claimed the area has been in use since 2005, featuring tennis courts. Balogun further alleged that NTMC, incorporated in 2004, neither owned nor developed the estate and thus could not have legally issued the 2010 sub-lease, calling the document unauthorized and fraudulent.
Motion to Disqualify Counsel Adds Another Layer
The case took another dramatic turn with a motion by the defendants to disqualify Harris Dredging's lawyer, Yele Delano (SAN), citing a conflict of interest. They argued that Delano is simultaneously a plot owner, a member of the residents’ association, a director of NTMC, and the drafter of the contentious 2016 agreement. These overlapping roles, they claimed, make him a potential witness and ethically unfit to serve as counsel.
In response, Harris Dredging's Company Secretary, Okon E. Okon, maintained that the firm co-developed the estate and that the conflict began after residents built a tennis court on the land in 2011. He insisted the 2023 settlement resolved all issues, blaming a minority of residents for reviving the dispute.
After considering all arguments, Justice Olukayode Ogunjobi adjourned the proceedings to February 19, 2026. On that date, the court will rule on whether the suit should proceed via originating summons or be converted to a full trial, a decision that will significantly shape the future of this long-running Lekki land battle.
