N21.5bn Lekki Property: CASER Demands Details of OSGOF Intervention

 

The Citizens Advocacy for Social and Economic Rights (CASER) has invoked the Freedom of Information (FoI) Act to demand detailed records from the Office of the Surveyor-General of the Federation (OSGOF) concerning its intervention in a 13.067-hectare property in the Lekki Peninsula area of Lagos State, reportedly valued at N21.5 billion.

CASER, in a formal electronic FoI request to OSGOF, is seeking certified copies of documents and records relating to the agency’s intervention in Plots 5, 6, 7 and 8, Maiyegun Tourism Zone, Lekki Peninsula Scheme II.

Speaking with journalists in Abuja on Tuesday, CASER Executive Director, Mr Frank Tietie, said the property was covered by a Lagos State Certificate of Occupancy dated July 15, 1988, and is claimed by Bravett Property and Investment Limited.

According to him, Bravett acquired the property from Industrial and General Insurance (IGI) Plc and 4H Nigeria Limited.

Tietie said the property is currently the subject of litigation before Justice R.O. Olukolu of the High Court of Lagos State, with a subsisting court order.

He said the pending case had raised questions of public interest concerning the legal and factual basis for any subsequent administrative intervention by OSGOF.

Tietie, however, stressed that CASER had not reached any conclusion on allegations of contempt, misconduct, criminal liability or corrupt abuse of office against any individual.

CASER Gives Seven-Day Deadline

The CASER Executive Director said the organisation’s FoI request was made pursuant to Section 4 of the Freedom of Information Act, which requires public institutions to provide requested information or communicate a reasoned refusal within seven days of receiving an application.

He warned that failure by OSGOF to respond within the statutory period could constitute a deemed refusal, after which CASER may approach the Federal High Court for judicial review and appropriate consequential orders.

He said the objective of the request was to establish whether OSGOF acted within its lawful authority and whether due consideration was given to the pending court proceedings and subsisting order.

Documents Sought from OSGOF

CASER is requesting the petition, application, directive or other communication that triggered OSGOF’s intervention, including the identity of the person or organisation that initiated the process.

It also wants details of when the intervention commenced and the names, designations and roles of officials involved.

The organisation is further seeking records showing when and how OSGOF became aware of the pending court proceedings, including copies of any court order received by the agency and evidence or acknowledgement of service.

The advocacy group has also asked for internal memoranda, legal opinions, minutes of meetings and correspondence concerning the implications of the litigation or court order for OSGOF’s intervention.

In addition, CASER wants OSGOF to identify the statutory provisions, regulations, presidential directives, guidelines or other legal authorities relied upon in intervening in the matter while it was before the court.

Survey and Land Title Records

The organisation is also seeking survey plans, maps, coordinates, charting reports, inspection reports, technical assessments and geospatial records received, prepared or considered by OSGOF in relation to the property.

It requested copies of competing survey plans, title documents and claims submitted by parties asserting interests adverse to Bravett.

CASER also wants documentary evidence supporting any claim that the property falls within a Federal Government setback, coastal highway right of way, shoreline, navigable waterway, federal land or any other area under federal control.

Such documentation, it said, should include relevant gazettes, acquisition notices, approved alignments, survey plans and coordinates.

The organisation is also seeking minutes, attendance records, recordings and reports from meetings or site inspections conducted in connection with the property.

Records of Communications and Decisions

According to Tietie, CASER has requested correspondence between OSGOF and Bravett or its representatives, as well as Industrial and General Insurance Plc and 4H Nigeria Limited or their representatives.

The request also covers communications involving Mr Ramesh Kasangra or any company or representative associated with him, serving or retired members of the Nigerian Armed Forces, the Lagos State Government and its agencies, the Federal Ministry of Works, the Presidency and other federal institutions.

CASER wants records showing whether Bravett was notified of OSGOF’s proceedings and given an opportunity to submit its title documents, survey plans, court processes and objections before any finding or decision was made.

The organisation is further demanding copies of every interim or final finding, directive, recommendation, approval or decision made by OSGOF concerning the property, including the reasons and legal basis for such decisions.

It also wants records of any directive authorising or recommending entry upon, inspection, surveying, possession, construction, allocation, transfer or any other dealing with the property.

Call for Preservation of Records

CASER has urged OSGOF to preserve all physical and electronic records relating to the property while the litigation and FoI request remain pending.

Tietie said the records should include correspondence, internal memoranda, electronic messages, field notes, photographs, videos, geospatial data, metadata and other electronically recoverable materials.

“No relevant record should be destroyed, altered, concealed, overwritten or removed from official custody while the judicial proceedings or this FOI request remain pending,” he said.

The organisation also requested records of all fees or payments made to OSGOF in connection with the matter, including the payer, amount, purpose and official receipt.

It further sought any agreement, protocol or administrative arrangement between OSGOF and the Lagos State Government governing federal intervention in survey or land disputes within the state.

CASER requested that the information be supplied electronically in searchable PDF format, while certified hard copies should be provided where electronic versions are unavailable.

It also asked OSGOF to disclose non-exempt portions of any document where certain sections are considered exempt, while identifying the specific statutory provision and factual basis for withholding the information.

Where any requested record is held by another public institution, CASER asked OSGOF to transfer the relevant portion of the request to the appropriate institution and notify the organisation accordingly.

Our Reporter

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