By Aderemi Ajose
The media has been awash, in the last few days, with allegations of “unlawful invasion, criminal destruction to property and persistent threat to lives and property”, leveled against the Olu of Arepo, residents of Beachland Estate and some unidentified hoodlums by the Executive of the Journalist Estates Residents Association (JERDA). This followed the removal of the illegal arch erected by JERDA over the Arepo Road by members of the Arepo Community. The said road is still under construction by the Ogun State Government under the leadership of His Excellency, Governor Dapo Abiodun for which the whole community remains grateful.
In view of the interest that the matter has generated and the coverage it has received, it is important to chart the timeline of events and issues leading to the incident of February 8.
*What is at stake?*
The cause of this disagreement, which has been on for about fifteen years, is nothing more than the right of unfettered access on the public road passing through Journalists Estate Phase One by communities behind it. As it were, JERDA wants to build an arch in the middle of an expressway. This is after they have positioned armed security operatives (along with a Gate House) to regulate the inflow and exit of commuters through this public road. This proposed arch will further restrict access to vehicles (public and private), including those of the NNPC who come to the pipeline located after Journalist Estate to protect same from bunkering. JERDA officials, as usual, claim that “it is just an arch, it is not disturbing anybody”. But that is far from reality. The arch, its adjoining security outpost and the very bold inscription across the road scream “private property, no entry”. Residents of the Arepo Community in Ebute, including Beachland Estate, have had to struggle intermittently with new generations of JERDA Executives as they assume illegal jurisdiction over who can pass and when they can pass through this section of the public road.
Thoroughfare to Ebute is at the whim and caprice of the agents of JERDA. For example, bikes are permanently denied access to this section of the road despite the fact that there is no enabling law for this, other than the pleasure of JERDA Executives. Residents returning home late are often hindered. Visitors get turned back. It was bad enough that fire-fighting equipment from NNPC and the fire department coming to Ebute Area to control fire-outbreak at the pipeline could not pass during an emergency due to the illegally constructed arch.
*Is the Arepo Road a “Private Road”as claimed by JERDA?*
The simple answer is No. Records show that this ancestral community road was first tarred by the Military Government of Colonel Daniel Akintonde in 1993. It is the road that links the Arepo Community to the outside world, with tributaries on both sides leading to several other estates in the town. The JERDA residents, like residents of other estates, met the road there, and bought parcels of land to the right and left of the road. They did not buy and were not sold the road. The natives who sold the land to them are still alive, hail and hearty and confirm this. Before the area was developed, the road was already on the gazetted map of OPIC excision and labelled as Beachland Ebute Road.
Trouble started when JERDA, who bought land on both sides of the road, constructed a barricade at their entrance, labelled the public road private and assumed illegal jurisdiction over public property. What JERDA seeks to do will be akin to residents of Ogudu GRA, which is bisected by Ogudu Road which runs from off Ikorodu Road to join the Oworonshoki Expressway, deciding to place barricades in the middle of the Ogudu Road and to commence to restrict access to users of that road. This will not only be illegal but also considered impractical and self-serving. Yet it is what JERDA seeks to do with the Arepo Road.
*What has been done to resolve the conflict?*
When we could no longer stomach the illegal restraints by JERDA, we went to court in April 2010 in a class action suit instituted on behalf of the residents of the area known as Ebute Arepo, against the residents of Journalist Estate Phase 1, to seek appropriate reliefs. An Order of the Court by the Honourable Justice Osinuga on the 19th of May, 2010 granted mandatory injunctions, “ordering the Defendants to remove the structure(s), gate(s) and/or barrier(s) mounted on the said common/public highway known as Arepo Road and obstructing the Claimants’ right of way and restricting the Defendants by themselves or by their servants or agents, or otherwise howsoever from mounting and/or erecting any structure(s) and/or barrier(s) or any like thing on any part of the common/public highway know as Arepo Road”.
This injunction was granted pending the hearing of the Motion on Notice. Instead of the respondents (JERDA) to proceed to argue their position in court, they decided instead to challenge the jurisdiction of the lower court at the Appeal Court. The Appeal Court ruled against them. They proceeded to the Supreme Court, where the matter has been pending. The injunctions continue to subsist, as the respondents have not been able to convince the courts, in the last twelve years, why there should be any structure across that road.
As an aside, it is instructive to note that there is no harassment whatsoever against journalists. There are two Journalists Estates in Arepo. The Phase 2 residents are not involved. It is purely a conflict between two neighboring communities.
*Local and other non-Judicial Interventions*
In the wake of the commencement of the re-construction of the Arepo Road by the Government of His Excellency, Governor Dapo Abiodun, the arch was marked for demolition and brought down. In a stakeholders meeting involving the representatives of the Olu of Arepo, Oba Solomon Atanda, the EXCOs of JERDA and BERA, in the Office of the Permanent Secretary (PS), Ministry of Urban Development and Physical Planning, it was agreed, among other things, that the issue of erecting an arch should be put in abeyance until the road is completed, and another stakeholders meeting is conveyed. Our lawyer subsequently pointed to the PS that discussing the erection of any arch is subjudice and harmful to our matter in court.
In another peace meeting conveyed by the Board of Trustees of Arepo Community Development Council, the resolution was passed to stay action on building any arch until further notice.
Despite these decisions to which representatives of JERDA acceded to at the meetings, as well as the extant judicial and moral restraints, JERDA went ahead, in the dead of night, to commence the illegal erection of the arch.
*What Is the Role of the Olu of Arepo?*
It is unfortunate that the Olu of Arepo is being blackmailed and harassed through the media by JERDA. As stated by the Asiwaju of Arepo when a team from three State Ministries and OPIC came on inspection following JERDA’s petition, the interest of the Oba-in-Council is to ensure that no residential area in the town is unlawfully deprived of their rights and ensure that all areas of the town experience even development.
The allegations of bribery are just attempts at scapegoating, breaking community solidarity and isolating the residents from appealing to the moral and traditional authority of the Oba.
*In Conclusion*
The action and behavior of JERDA to unjustly try to annex a public road and wantonly flaunt court orders concerning same is very disturbing, considering the role that is expected of journalists in a country like Nigeria.
When all else fails, the society looks up to journalists as the fourth estate of the realm to uphold what’s just and fair. Granted that JERDA is not now fully peopled by journalists predominantly, however the name of the estate still bears a representation of the revered profession and professionals.
All the noise about targeted harassment of Journalists in Arepo is unfounded. The residents of Beachland Estate are law abiding citizens and have pursued this matter lawfully and will continue to do so. There are Police Stations in Ibafo and Warewa. The only records you will find there would be reports by Beachland Estate residents to get the Police to stop the JERDA from doing anything pre-judicial to the public good.
Thank you.
• Prince Aderemi Ajose, a retired Director of Lagos State Fire Services, lives in Lagos.
