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Gov’s consent: Let the law enforcement and court decide, the SAN informs the Lagos Assembly and Speaker

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Dr. Kemi Pinheiro, a Senior Advocate of Nigeria (SAN), advised the Lagos State House of Assembly and its Speaker, Mr Mudashiru Obasa, yesterday not to unlawfully interfere in a law enforcement investigation into an allegation of a crime and the judicial determination of a dispute over land ownership in pending court proceedings over property located at No. 47, Old Ogba Road, Near M.K.O Abiola Market, Agege in Lagos State.

Pinheiro condemned the Assembly’s letter of invitation dated November 5, 2024, which invited the law firm’s clients, Mr and Mrs Olugbenga Ayo-Odugbesan, to appear before the Assembly, claiming that the lawmakers were attempting to violate the constitutional requirement of separation of powers by usurping the executive functions of the police and the judicial functions of the courts hearing the case.

Pinheiro, speaking on behalf of the Ayo-Odugbesan couple in response to the Assembly’s invitation, recommended his clients not to attend the meeting in order to avoid being found in contempt of court.

The Assembly’s invitation came after the Concerned Agege Residents filed a petition against the Ayo-Odugbesan couple on October 31, 2024, stating that the disputed land belongs to the Agege Local Government, chaired by Alhaji Kola Egunjobi.

He stated: “Your letter of invitation under reference purports to invite my clients to discuss two concerns, which signify allegations of crime: (i) fraudulent acquisition of governor’s approval and (ii) acts of assault.

“As you would agree with me, by the provisions of the Constitution and the Police Act, the power to investigate crime has been ceded to the Police and other law enforcement agencies. “I have looked at those powers that have been donated to the legislature, which you represent, and cannot find any that supports the investigation of allegations of crime and determination of ownership of land.”

Pinheiro questioned why lawmakers were interested in summoning his clients when the Agege LGA and its chairman, whom the Concerned Agege Residents claimed to be speaking for and whom the Ayo-Odugbesan couple accused of illegally demolishing the property, had been silent on the issue.