Fraudulent Possession: Police Arrests Frail Lagos Landlord Outside Court Premises On Orders Of IGP

Operatives of the Nigerian Police Force, NPF on Wednesday arrested Mrs. Victoria Ibiyinka Komolafe, an elderly woman carrying Plaster of Paris, POP on her neck outside High Court Ikeja premises, purportedly on the orders of Inspector General of Police, Mr. Ibrahim Idris.

Mrs. Komolafe was blocked by about eight policemen in a white bus, with which they whisked her away in the presence of her lawyer. They did not explain the reason for the arrest, but only said that she was wanted by the IGP.

Komolafe was picked just minutes after stepping out of a Lagos High Court where her case before Justice I. O.  Akinkugbe was on stay of execution, and a consent judgement was overuled by the learned judge on point of law.

Komolafe had through her lawyer sought an order staying further execution of the a consent judgement delivered July 8, 2015 and an order setting aside the execution carried out by the 5th defendant, who is the Deputy Sheriff, Ikeja High Court.

Other defendants are Dr. Adedayo Olumide Mokuolu, Kehinde Seyi Mokuolu, Idowu Oluwasegun Mokuolu,  Oluwaseyi Oladipupo Mokuolu, with Titilayo Omowunmi Aguda as respondent/claimant.

She told the court through her lawyer that the judgement in question was obtained by fraud, since all original documents, including C of O  in respect of the property now partially demolished by virture of the judgement is and still remain in her custody.

Her lawyer, Chief Olusegun Raji had told the court that he agreed with the ruling and that he will file necessary papers for appeal. 

"My lord to aviod a situation where the judgement creditors will come again to this court to use the consent judgement of this honourable court as an instrument of fraud, the applicant is desirous of appealing against the said judgement as an interested party in the subject matter of the judgement", he said.

 Citing a book written by Afe Babalola, SAN, he said, "To succeed in an application for stay of further proceeding by virture of Order 54 of the Lagos. State High Court (Civil proceedure), Rule 2012, one of the element is to establish fraud in obtaining judgement which is in this instant", he said. 

He also told the court that the life of Mrs. Komolafe is in danger since she lives on the disputed property. 

According to him, Mrs. Komolafe was attacked by thugs who knocked her down and injured her  last week even before the ruling and that the thugs are making life unbearable for his client and prayed for her protection.

The judge however encouraged him to report the case to the Nigerian Police to take necessary action. 

Speaking to our correspondent from Lion Building Adeniji Adele, where she is being held by the Police, Mrs. Komolafe said her life is under threat. "They want to kill me. Somebody just told me that they want to do something", she said with a voice leaded with fear, sorrow and tears.