federal – 9japroperty https://9japroperty.com.ng All you need to know about properties Mon, 07 Mar 2016 13:15:35 +0000 en-US hourly 1 https://wordpress.org/?v=5.4.15 Federal Secretariat: Tribunal awards N54bn damages against FG https://9japroperty.com.ng/federal-secretariat-tribunal-awards-n54bn-damages-against-fg/?utm_source=rss&utm_medium=rss&utm_campaign=federal-secretariat-tribunal-awards-n54bn-damages-against-fg https://9japroperty.com.ng/federal-secretariat-tribunal-awards-n54bn-damages-against-fg/#respond Mon, 07 Mar 2016 13:15:35 +0000 http://9japroperty.com.ng/?p=4276 The federal government has been ordered to pay N54bn to Resort International Limited in a decision handed down by an Arbitration Tribunal late last year, according to documents seen by Daily Trust. Resort International Limited, a company owned by Dr. Wale Babalakin, was granted a lease in 2006 to develop the disused Federal Secretariat Complex, […]

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The federal government has been ordered to pay N54bn to Resort International Limited in a decision handed down by an Arbitration Tribunal late last year, according to documents seen by Daily Trust.
Resort International Limited, a company owned by Dr. Wale Babalakin, was granted a lease in 2006 to develop the disused Federal Secretariat Complex, Ikoyi, Lagos into residential property but the state government refused to approve land use conversion request, thereby stalling the project.
Lagos State government had stopped works on the site in September 2007.
Resort International Ltd on 3rd December, 2015 won its case against government at the tribunal.
The tribunal chaired by Fred Adeniyi Coker supported by Mr. Yusuf Alli (SAN) and former Attorney General of the Federation, Alhaji Abdullahi Ibrahim (SAN) declared that the federal government had failed in its obligations to Resort International Limited under the Development Lease Agreement (DLA) entered into by both parties.
The DLA dated 10th October, 2006, granted Resort International Limited a 99-year lease to redevelop the Federal Secretarial Complex into 480 luxury apartments.
Works had started on site when the Lagos State government stopped them.
Resort International Limited claimed at the arbitration tribunal that it had suffered damages totalling N88bn as a result of the breach of a clause of the DLA by the federal government.
The state government refused to grant the No-Objection Approval required under Clause IV of the DLA and federal government’s inability to secure the approval stalled the project.
The tribunal heard that the fundamental terms of the DLA were that the federal government had Good Title to the property and full power and legal authority to enter into the agreement.
The company claimed that the federal government’s failure to fulfil its obligation to assert ownership, to deliver vacant possession and to facilitate the obtaining of a No-Objection Approval from Lagos State government adversely affected the company and put it in a precarious position owing to financial obligations to lenders that it was unable to fulfil.
The company therefore claimed direct expenses, loss of profit and damages against the federal government to the tune of N88bn.
The federal government said in its defence that the undertaking to facilitate a No-Objection Approval amounted to no more than an obligation to produce documents in support of the company’s application to the Lagos State government.
The federal government also argued that the subsequent promulgation of the Lagos State Model City Development Authority Law was in effect a frustration of contract.
The arbitration panel concluded that “The Respondent in this case has clearly failed to carry out the obligations it undertook under the DLA.”
The tribunal awarded damages as: N12bn as direct expenditure with interest at 17.26 percent from September 2008; N9bn as loss of expected income with interest at 17.26 percent from September 2008; and N5bn as special damages.
The totality of the awards means that as at January 2016, the Federal Government owed Resort International Limited the sum of N54bn which continues to accumulate interest at 17.26 percent per annum.

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‘Citizens will benefit more from TBS, Lagos Federal Secretariat concessioning’ https://9japroperty.com.ng/citizens-will-benefit-more-from-tbs-lagos-federal-secretariat-concessioning/?utm_source=rss&utm_medium=rss&utm_campaign=citizens-will-benefit-more-from-tbs-lagos-federal-secretariat-concessioning https://9japroperty.com.ng/citizens-will-benefit-more-from-tbs-lagos-federal-secretariat-concessioning/#respond Tue, 20 Oct 2015 12:45:34 +0000 http://9japroperty.com.ng/?p=3809 FOLLOWING statements credited to the former governor of Lagos State, Alhaji Lateef Jakande recently that the Federal authorities should return two landmark property – Tafawa Balewa Square (TBS) and old Federal Secretariat, Ikoyi to the state government, the concessionaires have kicked against the view, saying that citizens will benefit more from the deal. Messrs BHS […]

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FOLLOWING statements credited to the former governor of Lagos State, Alhaji Lateef Jakande recently that the Federal authorities should return two landmark property – Tafawa Balewa Square (TBS) and old Federal Secretariat, Ikoyi to the state government, the concessionaires have kicked against the view, saying that citizens will benefit more from the deal.

Messrs BHS International Limited, and Resort International Limited, the concessionaires for TBS and old Federal Secretariat, Ikoyi, respectively believed that it would be wrong to concede the property to Lagos after the landmark buildings have been disposed off through a competitive bidding process.

Jakande was also among eminent Lagosians, led by Oba Rilwan Akiolu that are insisting that the Federal Government should reverse the leasing of the properties. Oba Akiolu and the likes of the pioneer governor of the Centre of Excellence, Brigadier-General Mobolaji Johnson, Olubunmi Cardinal Okogie, the Catholic Archbishop of Lagos, former governor late Michael Agbolade Otedola and Alhaji Femi Okunnu, a one-time Federal Works Commissioner, Alhaji Wahab Iyanda Folawiyo, the Baba Adinni of Nigeria, De-Whenu Ahoha Menu-Toyi, the Akran of Badagry, Chief Amzat Beyioku Adebowale, chairman of Adebowale Electrical Industries Limited, Chief Molade Okoya-Thomas, the Asoju Oba of Lagos and Alhaji Musiliu Smith, a former Inspector-General of Police, wanted the federal government to stop the lease hold.

They and more than 30 other eminent Lagosians had said that since the Federal Government no longer required the properties which sit on plots acquired from the state government for overriding public use, it is only reasonable for the central administration to give the properties back to the state government or give it the preference of acquiring them than private companies or individuals.

Reawakening their demand, Jakande in an interview with The Guardian said: “What we should do is to dialogue with the Federal Government to leave these structures for Lagos as they are preferably Lagos property. We should appeal to whoever is involved in the business of selling them. Why selling them when Lagos is capable of procuring them even with a fee?

“Besides, some of these institutions have become identified with Lagos. I appeal to those who want to do the selling to think more about the interest of Lagos State. We are not a very big state, but there are opportunities for us to use these institutions to uplift Lagos State.”

The Chief Executive Officer (CEO), BHS International Otunba Olu Adenodi, agreed that Alhaji Jakande is right for his passion for Lagos interest, noted that the citizens will benefit from the concession than allowing controversy tie down the facilities.
According to Adenodi, who spoke with The Guardian on telephone said the issue has gone beyond mere sentiments.
“We had taken the most legitimate steps as concessionaire of the TBS, with a lot of resources ploughed into its redevelopment. We have been doing everything possible to let the stakeholders see reasons with the initiative, but it appears we are not succeeding, partly because of political differences between Lagos and the federal government.

“But now that the political situation has changed, we believe that good reasoning will take precedence over sentiments”, said Adenodi.

Hea added that Section 47 of Land Use act has taking care of whatever controversy that hitherto, ensued over the project. According to him, the picture will soon become clearer immediately the federal executive council is put in place.Quoting part of the section in Land Use Act, that stated as follows: “It has been said that the bedrock of federalism lies in the ability of each tier of government to be master of its own domain. But under the Land Use Act, the ubiquitous Act overrides State laws on Land in their domain, even when such land is not previously vested in the Federal Government or any of its agencies.

“Some commentators have said that creation of a Trust relationship all over the civilised world is a voluntary act of its creator, that it is an office of confidence and strict accountability. A trusteeship is an office of very high fiduciary responsibility, which can never or should never be assumed by force of arms as under the Land Use Act, at its promulgated as a Decree;

“Here lies the fallacy of this fake trusteeship created under Section 1 of the Land Use Act. It is, indeed, a monstrous situation, to enact a Trust, without accountability, because Section 47 of the Act ousts the jurisdiction of the courts concerning the most germane aspects of the Act and its implementation”.

Similarly, Resort International officials are optimistic that things would soon be resolved and that activities will commence at the sprawling complex.

Describing the delay in the redevelopment as “unfortunate”, a senior management with Resort International, said political consideration during the immediate past administration caused the delay.

According to the source, “people with vested interest” created the problem that hindered the concession to go on smoothly. However, The Guardian learnt that the current administration is favourably disposed to the review of the existing concessions.

“Immediately the federal executive council is in place, most of the concession would be reviewed, because no0t doing so will definitely scare foreign investors, especially, those who are ready to partner Nigeria in her pursuit of economic and infrastructure renaissance”, he said.

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