Residents seek judicial transparency as NICON town land dispute escalates

By Stanley Ihedigbo

Land dispute rocking NICON Town Estate in Lekki has intensified, as residents and plot owners have asked the Lagos State High Court to reject the originating summons filed by Harris Dredging Limited and NICON Town Management Company (NTMC), and to convert the case into a writ of summons to allow for full pleadings and oral testimony.

At the Tafawa Balewa Square Division, the defendants — the Incorporated Trustees of the NICON Town Residents and Plot Owners’ Association and 14 homeowners — argued that the claimants’ choice of procedure is unsuitable for a case riddled with allegations of fraud, disputed documents, questionable authority, and conflicting historical ownership claims.

Harris Dredging and NTMC, in suit LD/5141/LM/2024, are seeking judicial affirmation of Harris Dredging’s title to a 5,899.31sqm parcel of land within the estate’s Community Centre Zone and validation of a 2010 deed of sub-lease registered at the Lagos Land Registry.

However, defence counsel Adebayo Adeyemo insisted that the dispute contains “sharply contested facts” that cannot be resolved through affidavit evidence. He argued that the court must evaluate the legitimacy of the claimants’ title documents, NTMC’s authority to issue them, and allegations of fraud and misrepresentation — issues that, he said, require a full trial.

He added that Supreme Court precedents render originating summons inappropriate for such complex matters.

But the claimants, through their counsel, George Oguntade (SAN), maintained that the matter is primarily a request for the interpretation of a May 31, 2023 settlement agreement that all parties signed, which, according to him, already recognised Harris Dredging’s title.

He argued that the defendants cannot renege on a duly executed agreement.

Counsel for the first defendant, Titilola Akinlawon (SAN), disagreed, pointing to an earlier 2016 agreement that contradicts the claimants’ position. She added that the web of conflicting documents makes a full trial necessary.

In a detailed affidavit, second defendant Adekola Balogun asserted that the disputed plot forms part of the Community Centre Zone earmarked for utilities, recreation, green areas, and public facilities in the estate’s approved 2003 layout.

He said residents have used the land — including two Olympic-sized tennis courts — since 2005.

Balogun argued that NTMC, incorporated in 2004, neither owned nor developed the estate and therefore could not have legally issued the 2010 sub-lease, describing the document as unauthorised and fraudulent.

He accused the claimants of withholding the official layout plan because it contradicts their position.

The defendants also filed a motion seeking to disqualify Mr. Yele Delano (SAN), counsel to Harris Dredging, citing conflict of interest.

They said Delano is a plot owner, a member of the residents’ association (a defendant), a director of NTMC (a claimant), and the drafter of the contentious 2016 agreement — making him a potential witness and therefore disqualified under ethical rules.

Responding, Harris Dredging’s Company Secretary, Okon E. Okon, said the firm co-developed the estate and that disputes only escalated after residents built a tennis court on the land in 2011.

He maintained that the 2023 settlement conclusively resolved all issues, but that a minority faction later mobilised opposition, forcing litigation.

After hearing arguments, Justice Olukayode Ogunjobi adjourned the matter to February 19, 2026, to rule on the preliminary objections and determine whether the suit will proceed by originating summons or be converted to a full trial.