The Ogun State Government has said that the immediate past Governor of the state, Otunba Gbenga Daniel, fraudulently acquired the land on which he built the church in honour of his father, the Most Rev. Abraham Adebola Daniel.
The state government said that the papers for the acquisition of the land, done during Daniel’s regime, were fraught with irregularities and that a substantial part of the land had been initially allocated to other persons.
Apart from that, the state government said that the church, Regeneration Church of God, aka Abraham’s Tabernacle, Sagamu, fenced in access roads, thus shutting in residents of the area, including a school.
Governor Ibikunle Amosun’s Special Adviser on Lands, Mrs. Ronke Sokefun, at a press conference today in Abeokuta, Ogun State, said that a White Paper had been issued by the state government on the land in question, adding that the church had been spared because of the honour given to Daniel as a former governor and reverence for the house of God.
Sokefun said that the camp of Daniel had in the last one week distorted facts concerning the church with the aim of confusing issues by alleging that the church had been demolished, adding: “The Government Reserved Area (GRA) in Sagamu, like every other GRA in the State, had been planned with road infrastructure to serve the environment as well as adjoining areas. The use to which each plot could be put was also clearly specified. Sagamu GRA was created and planned in 1979.
“Complaints were received from residents that beyond the plots purportedly allocated to it in the GRA, Abraham’s Tabernacle has erected a wall fence covering larger area and more importantly fencing in some three major roads, thus infringing on right of ways on these public roads. Indeed a school has been rendered landlocked in the process.
“As a responsive and responsible government, after all notices served and entreaties made were ignored, the government was left with no option than to remove the three gates that had been illegally erected by the church to restore right of ways on these three public roads. This was done on Friday, 10th February, 2012.
“The restoration of the right of way on public roads has been so much deliberately distorted, exaggerated and presented to the public as demolition of the church and desecration of the grave of the father of the former Governor. We encourage journalists and members of the public to visit the church and confirm the true position.”
Sokefun said that Daniel acquired the land based on the presentation of three trustees for the church, all of who were members of his family, and irregular documentation.
She said: “Incorporation documents of the Church confirm without doubt that three of the named registered trustees of the church, to whom the ex-governor issued the Certificate of Occupancy, were his close family members namely: Olabunmi Opawole (Wife, using her middle and maiden names), Adebola Irede Daniel (son) and Most Rev Abraham Adebola Daniel (father).
“The Commission found as an incontrovertible fact that the said church Abraham’s Tabernacle was built on a parcel of land comprised in the certificate of Occupancy No 0033337 dated the 14th day of May, 2011 registered as No 60/60/761 at the Land Registry, Abeokuta and signed personally by the erstwhile governor, Otunba Gbenga Daniel.
“The following irregularities were found in the processing of the allocation made to the Church:
” (a) The application form for land allocation was obtained on the 4th of January 2011.
” (b) The application form was filled and submitted on 20th January 2011.
“(c) The application form shows that it was sworn to at the High Court Registry Abeokuta on 13th September, 2011. This ought to have been done prior to the submission of the form
“(d) All receipts for payments connected with the land such as premium, annual ground rent, capital contribution, preparation of Certificate of Occupancy, (except government survey), were all made on 4th January 2011 (the same day the land was applied for,) as evidenced in the copies of the receipts and endorsements on the application form.
“(e) The letter of Allocation of the land issued by the then Director General, Bureau of Lands and Survey, Surv. Gbenga Ogunnoiki, was issued on 9th July 2009, almost two years before the land was applied for
“(f) The allocation (9th July 2009), was done even before the name in which it was allocated was registered on 8th June 2010.
“(g)As at the time the allocation was made on 9th July 2009, and the certificate of occupancy issued on 14th May, 2011, other private citizens had subsisting valid titles on portions of the land. For example, one Mr. Dele A Dada had subsisting title evidenced by a deed of Assignment to which the Governor’s consent was granted on the 1st day of February 2006. The assignment was predicated upon a Certificate of Occupancy registered as no 13/13/142 dated 13/8/80, registered at the Lands registry Abeokuta. His land is plot 3 Block XLIX.
“(h) Mr. M C Sowole’s land – Plot B Block XLVa with duly registered title, though not within the land covered by the Certificate of Occupancy granted to the church, is alleged, and duly confirmed by officials of the Bureau of Lands and Survey who charted same and physically inspected the lands in issue testified before the Commission to have been appropriated by the church, having fenced it into its premises.
“The officials of the Bureau of Lands and Surveys further confirmed before the Commission that two other persons, who however did not complain to the commission, namely one G O ADUWO (PLOT 9 BLOCK XLVb) and S.O.J. OLOKUN, (PLOT 10 BLOCK XLVa) also have their lands fenced in by the church even though their respective titles, like those of Messrs. Dada and Sowole, remain unrevoked and therefore subsisting.
“In all, 7 plots of land were fenced in by the church, with five of them belonging to owners with subsisting valid Certificates of Occupancy. In addition, even the statutory setback of the road in front of the church on the major Oba Erinwole II road has also been fenced in.
“The Commission having found that the Certificate of Occupancy No. 60/60/761 granted by the ex-governor OTUNBA GBENGA DANIEL to the Regeneration Church of God was tainted by several serious irregularities, and that the same was issued upon land in which there existed prior valid and subsisting titles, recommends that the said allocation should be cancelled.
“(i) All persons found to have held valid subsisting titles in the said land prior to the wrongful allocation made to the church should have their allocated lands restored.
“(j) The offending fence of the church which has fenced in land belonging to other persons such as MR M. C. SOWOLE, G. O. I. ADUWO, and O.J.OLOKUN should be removed FORTHWITH, so that the named persons can gain access to and possession of their plots and right of way on public roads could be restored
“Government accepts all the recommendations of the Commission premised on the facts established during its sittings. It should also be emphasized that the church also made legal representation to the commission to state its own case.
“Consequently, the government cancelled the allocation and the Certificate of Occupancy dated 14th May, 2011 and registered as No 60/60/761 irregularly issued to Abraham’s Tabernacle. Indeed a Notice of Cancellation was issued on 20th January, 2012, under the signature of the Governor, Senator Ibikunle Amosun in exercise of the powers conferred on him under Sections 1 & 26 of the Land Use Act, to the registered Trustees of the Church.
“However, because of its nature as place of worship, the government grants the congregation and the Trustees of the church the waiver to keep only the actual portion of the land occupied by the church. It further directs that the government surveyors to determine establish and carve out the portions of land belonging to other people but fenced in within the current perimeter walls of the church. The portions should be promptly returned to their respective owners. If any portion belonging to any of the owners falls within the actual portion occupied by the church building, compensation shall be payable to such owners.”
The state government said while it would not comment on the facts of the case instituted by the church against it, the state reserves the right to enforce basi rules of town planning that were flagrantly disobeyed in the construction of the church.
Below is the full text of the press conference addressed by Sokefun:
1. INTRODUCTION
In the last one week, the public has been served tissues of lies, d
istorted facts, and fiction by the Regeneration Church of God aka Abraham’s Tabernacle, whose Trustees are members of the immediate family of the former Governor of Ogun State, Otunba Gbenga Daniel. The church was built by the former Governor in memory of his late father, His Grace, the Most Rev Abraham Adebola Daniel. The issue under focus is the restoration of right of way on public roads that the church closed up as part of larger parcel of lands illegally appropriated in Oba Erinwole Avenue, Sagamu GRA. The initial position of government was not to join issues with the church, for two reasons.
First, in deference to the dignity of the office of the Governor, which the alter ego of the church, once occupied. Second, the government was served notice of Suit No. HCS/08/12 which the incorporated Trustees of the church instituted against the government on 8th February, 2012 at the State High Court, Abeokuta. The motion for interlocutory injunction has been listed for hearing on 20th February, 2012. The government had therefore thought that all the parties would let the court process take its course and not commence media trial.
Nonetheless, it is important to clarify that there are two points at issue. First, the restoration of the right of way on the public roads that the church has infringed on. Second, the petitions from the owners of plots trespassed on and illegally fenced in with the church.
The two issues are addressed as follows.
2. RESTORATION OF RIGHT OF WAY ON PUBLIC ROADS
The Government Reserved Area (GRA) in Sagamu, like every other GRA in the State, had been planned with road infrastructure to serve the environment as well as adjoining areas. The use to which each plot could be put was also clearly specified. Sagamu GRA was created and planned in 1979.
Complaints were received from residents that beyond the plots purportedly allocated to it in the GRA, Abraham’s Tabernacle has erected a wall fence covering larger area and more importantly fencing in some three major roads, thus infringing on right of ways on these public roads. Indeed a school has been rendered landlocked in the process.
As a responsive and responsible government, after all notices served and entreaties made were ignored, the government was left with no option than to remove the three gates that had been illegally erected by the church to restore right of ways on these three public roads. This was done on Friday, 10th February, 2012.
The restoration of the right of way on public roads has been so much deliberately distorted, exaggerated and presented to the public as demolition of the church and desecration of the grave of the father of the former Governor. We encourage journalists and members of the public to visit the church and confirm the true position.
3. FINDINGS AND RECOMMENDATIONS OF THE JUDICIAL COMMISSION OF INQUIRY ON LANDS AND GOVERNMENT WHITE PAPER
As mentioned earlier, the Trustees of the church have instituted a suit against the government over the ownership of the parcel of land the church has appropriated. This government is committed to the rule of law and will therefore not join the Trustees in commenting on the matter that is already before a court for adjudication.
However, it will be recalled that on 16th September 2011, His Excellency, Governor of Ogun State, Senator Ibikunle Amosun FCA, inaugurated a five-member Judicial Commission of Inquiry on Lands with Hon Justice Abiodun Akinyemi as chairman.
After its inauguration, the Commission, by public notice, invited memoranda from members of the public and about one hundred and sixty (160) such memoranda were received. The Commission commenced sitting on 25th October 2011, held twenty six public sittings up till 13th December, 2011 and examined over one hundred witnesses.
The Commission submitted its first report to His Excellency the Governor of Ogun State on 16th December 2011 to enable the Governor-in-Council look into the recommendations of the Commission as they touch and concern matters that are very important to the State and fundamental to public welfare.
Subsequent to the submission of its first report, on 3rd January 2011, the Governor constituted a five member committee to review the report. The committee submitted its report to the Governor-in-Council which deliberated on it and issued a White Paper containing the government position. It should be emphasized that the first report of the Judicial Panel includes substantial number of memoranda and petitions received at its sittings, including petitions from affected members of the public with respect to the Regeneration Church of God.
Below are the highlights of the findings and recommendations of the Judicial Panel which the government has accepted in its White Paper
(i) The Commission found as an incontrovertible fact that the church known as Abraham’s Tabernacle situate at Church Estate, Oba Erinwole road, GRA, Sagamu, was built by the erstwhile Governor of Ogun State Otunba Gbenga Daniel in honour of his father, His Grace, the Most Rev Abraham Adebola Daniel
(ii) Incorporation documents of the Church confirm without doubt that three of the named registered trustees of the church, to whom the ex-governor issued the Certificate of Occupancy, were his close family members namely: Olabunmi Opawole (Wife, using her middle and maiden names), Adebola Irede Daniel (son) and Most Rev Abraham Adebola Daniel (father).
(iii) The Commission found as an incontrovertible fact that the said church Abraham’s Tabernacle was built on a parcel of land comprised in the certificate of Occupancy No 0033337 dated the 14th day of May, 2011 registered as No 60/60/761 at the Land Registry, Abeokuta and signed personally by the erstwhile governor, Otunba Gbenga Daniel.
The following irregularities were found in the processing of the allocation made to the Church:
(a) The application form for land allocation was obtained on the 4th of January 2011.
(b) The application form was filled and submitted on 20th January 2011.
(c) The application form shows that it was sworn to at the High Court Registry Abeokuta on 13th September, 2011. This ought to have been done prior to the submission of the form
(d) All receipts for payments connected with the land such as premium, annual ground rent, capital contribution, preparation of Certificate of Occupancy, (except government survey), were all made on 4th January 2011 (the same day the land was applied for,) as evidenced in the copies of the receipts and endorsements on the application form.
(e) The letter of Allocation of the land issued by the then Director General, Bureau of Lands and Survey, Surv. Gbenga Ogunnoiki, was issued on 9th July 2009, almost two years before the land was applied for
(f) The allocation (9th July 2009), was done even before the name in which it was allocated was registered on 8th June 2010.
(g)As at the time the allocation was made on 9th July 2009, and the certificate of occupancy issued on 14th May, 2011, other private citizens had subsisting valid titles on portions of the land. For example, one Mr. Dele A Dada had subsisting title evidenced by a deed of Assignment to which the Governor’s consent was granted on the 1st day of February 2006. The assignment was predicated upon a Certificate of Occupancy registered as no 13/13/142 dated 13/8/80, registered at the Lands registry Abeokuta. His land is plot 3 Block XLIX.
(h) Mr. M C Sowole’s land – Plot B Block XLVa with duly registered title, though not within the land covered by the Certificate of Occupancy granted to the church, is alleged, and duly confirmed by officials of the Bureau of Lands and Survey who charted same and physically inspected the lands in issue testified before the Commission to have been appropriated by the church, having fenced it into its premises.
The officials of the Bureau of Lands and Surveys further confirmed
before the Commission that two other persons, who however did not complain to the commission, namely one G O ADUWO (PLOT 9 BLOCK XLVb) and S.O.J. OLOKUN, (PLOT 10 BLOCK XLVa) also have their lands fenced in by the church even though their respective titles, like those of Messrs. Dada and Sowole, remain unrevoked and therefore subsisting.
In all, 7 plots of land were fenced in by the church, with five of them belonging to owners with subsisting valid Certificates of Occupancy. In addition, even the statutory setback of the road in front of the church on the major Oba Erinwole II road has also been fenced in.
The Commission having found that the Certificate of Occupancy No. 60/60/761 granted by the ex-governor OTUNBA GBENGA DANIEL to the Regeneration Church of God was tainted by several serious irregularities, and that the same was issued upon land in which there existed prior valid and subsisting titles, recommends that the said allocation should be cancelled.
(i) All persons found to have held valid subsisting titles in the said land prior to the wrongful allocation made to the church should have their allocated lands restored.
(j) The offending fence of the church which has fenced in land belonging to other persons such as MR M. C. SOWOLE, G. O. I. ADUWO, and O.J.OLOKUN should be removed FORTHWITH, so that the named persons can gain access to and possession of their plots and right of way on public roads could be restored
Government accepts all the recommendations of the Commission premised on the facts established during its sittings. It should also be emphasized that the church also made legal representation to the commission to state its own case.
Consequently, the government cancelled the allocation and the Certificate of Occupancy dated 14th May, 2011 and registered as No 60/60/761 irregularly issued to Abraham’s Tabernacle. Indeed a Notice of Cancellation was issued on 20th January, 2012, under the signature of the Governor, Senator Ibikunle Amosun in exercise of the powers conferred on him under Sections 1 & 26 of the Land Use Act, to the registered Trustees of the Church.
However, because of its nature as place of worship, the government grants the congregation and the Trustees of the church the waiver to keep only the actual portion of the land occupied by the church. It further directs that the government surveyors to determine establish and carve out the portions of land belonging to other people but fenced in within the current perimeter walls of the church. The portions should be promptly returned to their respective owners. If any portion belonging to any of the owners falls within the actual portion occupied by the church building, compensation shall be payable to such owners.
4. BUILDING APPROVAL
Worthy of note also is the fact that the church and the private estate that has been built with five structures have no building approval. In fact, the State’s Urban and Regional Planning Board served Notice of Contravention and Stop Work order as far back as 2nd June, 2010.
The Contravention Notice and Stop Work Order Notice were ignored by the church. A Demolition Notice was thereafter served on 29 July, 2010. Again in September, 2010, another letter was forwarded demanding for necessary documentation and payment of penalty fee of N3.9M to regularize the building approval. Rather than respond, the letter forwarded to the contractors building the church was returned via the Governor’s Office with a directive by the then Governor that the penalty fee should be waived. Despite this, the church did not proceed with the building approval process and consequently has none.
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