BY MOYINOLUWA BAMIDELE-LUCAS
A Lagos High Court Judge, Justice Agnes Modukpe Nicolclay, has set aside the sale of a property of the late Joseph Folahan Odunjo on 59, Olonade Street, Yaba, by the wife of the Alake of Egbaland, Olori Tokunbo Gbadebo.
The late Odunjo was a Nigerian writer, educator and politician.
The judge agreed to set aside the sale of the property after listening to the submissions of the plaintiffs’ counsel, George M. Oguntade, a Senior Advocate of Nigeria.
The judge held that the sale of the property was improper.
Three siblings – Fitzgerald Awogboro, Francis Awogboro and Irene Sirimis – had prayed the court to commit their aunts Tokunbo Gbadebo and Mary Philippa Ciroma to prison for alleged contempt of court ex facie curiae.
The applicants had, by their Writ of Summons and Statement of Claim dated January 21, 2019, prayed the court for an order of perpetual injunction restraining the defendants “from further acting, dealing, meddling or in any manner interfering in the administration and execution of the estate of the late Chief Joseph Folahan Odunjo.”
According to the claimants, one of the properties forming part of the estate of the late Odunjo and which is the subject matter of the suit is the residential property at 59, Olonade Street, Yaba.
The applicants said despite the pendency of the court proceedings in which they are participating, the defendants, sometime in October 2020, “proceeded to sell the property for an alleged consideration of N75million”.
The plaintiffs told the court that the conduct of the defendants in selling the property despite the pending suit “was deliberate, reckless and calculated to interfere with the due administration of justice.”
Besides, they said the defendants’ conduct “is an affront to the integrity of the court and constitutes a contempt of court ex facie curiae”.
The defendants had denied the claims but the judge agreed with the plaintiffs.
In a supporting affidavit, Awogboro, who is one of the grandchildren of the late Odunjo, said his grandfather died in Lagos on April 19, 1980.
He said he received unverified information on November 22, 2020, that the defendants may have sold the property despite the pending suit.
He said Oguntade wrote the defendants’ counsel, Titilola Akinlawon, SAN, on November 26, 2020 to ascertain the truthfulness or otherwise of the information relating to the sale.
“By a letter addressed to our Solicitor dated 1st December 2020, the defendants’ Counsel advised that the property at No. 59 Olonade Street, Yaba, Lagos State had been allegedly sold for N75, 000,000.
“She enclosed three bank cheques in the sum of N3,571,428.58 in favour of each claimant, being their supposed share of the proceeds of the sale.
“The defendants are fully aware of the pendency of these proceedings having since filed a statement of defence in opposition to the claimants’ statement of claim.
“I have been informed by Oguntade and I verily believe him that the conduct of defendants of purporting to sell and dispose of estate property despite the pendency of proceedings seeking to restrain such conduct is utterly contemptuous and constitutes a grave affront to the integrity and majesty of the court.
“It is imperative that the defendants are committed to prison as prescribed by law in consequence of their unlawful action.
“I further believe that unless the defendants are committed to prison for their contemptuous conduct, there is a real likelihood that they will continue to sell and dispose of estate properties pendente lite and persist in their interference with the due administration of justice in the matter and thereby bring the court into further contempt and ridicule.
“It is in the interest of justice that this Honourable Court acts decisively to arrest the brazen and flagrant disrespectful acts of the defendants in order to safeguard its sanctity and assure a just and fair trial of the suit,” the deponent said.
The applicants, in a motion on notice, also prayed for an order setting aside the purported sale of the property to unknown third parties.
They sought “a restorative order directing the defendants to return the sum of N75, 000,000 collected by them to the alleged purchaser of the property”.
The defendants are the current executors of their late father, Odunjo’s estate.
Olori Gbadebo is said to be the dominant executor who makes all the decisions and shares all monies.
The plaintiffs/ applicants’ late mother was a sister to the defendants.
In his Will, the late Odunjo had directed that the shares of his late daughter should go to her children, who are the plaintiffs.
The applicants contended that the executors failed to render proper accounts over the years, failed to vest certain properties in the plaintiffs as directed in the Will and have not properly administered the estate.
But the defendants denied the allegations of impropriety.
The late Odunjo was a Nigerian writer, educator and politician best known for his works in Yoruba children’s literature book “Alawiye”.
His printed work in 1958 was one of the early written works of the language. He wrote several novels, plays, poems and texts in the Yoruba language.
He was an active member of the Yoruba Orthography Committees of 1966 and 1969. He was also affiliated with the Nigeria Union of Teachers for a number of years.
In 1952, he became the Minister of Lands and Labour in Western Nigeria under the Obafemi Awolowo Premier of the Region, from 1952 to 1956. In 1957, he was appointed as the Executive Director, Agriculture Western Nigeria Development Corporation, till 1962.
In 1951, he won a seat in the Western House of assembly and later became the region’s first minister of Land and Labour.
He was a president of the Egbado Union. He was also awarded the chieftaincy title of the Asiwaju of Egbaland.
