A significant legal battle over a prime parcel of land in the upscale Nicon Town Estate in Lekki, Lagos, has taken a new turn, with a judge setting a crucial ruling for February 2026. The core conflict centers on whether the case should be decided through a streamlined legal procedure or a full-blown trial with witnesses and oral evidence.
Residents Push for Full Trial, Alleging Fraud
Homeowners and plot owners in the estate have strongly urged Justice Olukayode Ogunjobi of the Lagos State High Court sitting at Tafawa Balewa Square to reject the legal approach taken by the claimants. The defendants, which include the Incorporated Trustees of the NICON Town Residents and Plot Owners’ Association and 14 individual homeowners, argue that the case is too complex for an originating summons.
They contend that the dispute, marked by allegations of fraud, conflicting documents, and contested historical claims, requires a full trial by writ of summons. This would allow for comprehensive pleadings and the cross-examination of witnesses, which they believe is essential to uncover the truth.
The Heart of the Dispute: A 5,899sqm Plot
The lawsuit, marked LD/5141/LM/2024, was initiated by Harris Dredging Limited and Nicon Town Management Company Plc (NTMC) against the 15 defendants. The claimants seek a court declaration aligning Harris Dredging’s title to a 5,899.31 square meter parcel within the estate's Community Centre Zone.
They also want the court to affirm the validity of their 2010 deed of sub-lease, registered as Instrument No. 76/76/2349 at the Lagos State Land Registry. The claimants' counsel, George Oguntade (SAN), insists the case is properly filed, focusing on the interpretation of a May 31, 2023, settlement agreement that he says binds all parties and resolves the issue.
Defendants Present a Counter-Narrative
Counsel for the defendants, Adebayo Adeyemo, presented a starkly different picture. He argued that the court must investigate whether the claimants' title document is genuine and whether NTMC even had the legal authority to issue it. He highlighted allegations of fraud, illegality, and misrepresentation that could invalidate the sub-lease.
In a detailed affidavit, the second defendant, Adekola Balogun, made several key assertions. He stated that the disputed land is part of a zone designated in the approved 2003 layout plan (DM/628) for utilities and recreation, including green spaces and facilities for NEPA and NITEL.
Balogun further claimed that NTMC was incorporated in April 2004, long after the estate's infrastructure was built by Julius Berger and P.W. Nigeria Ltd in 2002. He asserted that residents have used the land, which includes two Olympic-sized tennis courts, since 2005. He also challenged the validity of the 2010 deed, stating it was never authorized by NTMC shareholders and that the company lacked the power to sublease communal land.
A major point of contention is an alleged conflict of interest. The defendants have filed a motion seeking to disqualify Mr Yele Delano (SAN) from representing Harris Dredging. They allege Delano is simultaneously a plot owner in the estate, a member of the defendant residents' association, a director of NTMC (the second claimant), and the drafter of a disputed 2016 agreement. They argue this makes him a potential witness, rendering his role as counsel unethical.
In response, Harris Dredging's Company Secretary, Okon E. Okon, stated that the company co-developed the estate and that all disputes were resolved in the 2023 settlement. He claimed a minority group later repudiated this agreement, leading to the current court case.
After hearing extensive arguments from all sides, Justice Olukayode Ogunjobi adjourned the case to February 19, 2026. On that date, he will deliver a ruling on the preliminary objections and decide the fundamental procedural question: whether the suit continues as an originating summons or is converted to a writ of summons for a full trial.
