In the realm of landlord-tenant disputes, the temptation to resort to self-help measures can be enticing for both parties involved. However, the case of Governor of Lagos State v. Ojukwu[1] serves as a reminder of the dangers associated with taking matters into one’s own hands in the context of tenancy matters.
FACTS OF THE CASE.
The case revolves around the eviction of Emeka Ojukwu, from a property situated in Lagos State. The State Government, acting as the landlord, sought to repossess the property from Emeka Ojukwu, but instead of following proper legal channels to address the dispute, the State Government opted for self-help measures by forcefully taking possession of the property. This led to a protracted legal dispute up to the Supreme Court of Nigeria. The judgment of the Court unequivocally condemned the State Government’s actions, emphasizing the sanctity of legal processes and the Rule of Law in resolving tenancy disputes. In the words of Obaseki JSc,(para 32) where he said;
In the area where the Rule of Law operates, the rule of self-help by force is abandoned. Nigeria being one of the countries in the world even in the third world which proclaim loudly to follow the Rule of Law, there is no room for the rule of self-help by force to operate. Once a dispute has arisen between a person and the government or authority and the dispute has been brought before the court, thereby invoking the judicial powers of the state. It is the duty of the government to allow the law to take its course or allow the legal and judicial process to run its full course.
DANGERS OF SELF-HELP
One of the primary dangers of resorting to self-help in tenancy matters is the potential for conflicts and escalating tensions between landlords and tenants. In the case of Governor of Lagos State v. Ojukwu[2], the unilateral actions taken by the State Government not only violated the rights of the tenant but also undermined public trust in the administration of justice.
Also, self-help measures often lead to legal complexities and expose parties to significant legal liabilities. By bypassing established legal procedures, landlords risk facing legal consequences such as injunctions, damages claims[3], and even criminal charges[4]. Similarly, tenants who engage in self-help actions may find themselves embroiled in legal disputes and facing eviction orders because of their actions.
The use of self-help tactics also undermines the integrity of the legal system and destroys public trust in the administration of justice. It sets a dangerous precedent that encourages individuals to take matters into their own hands, bypassing legal systems designed to safeguard the rights and interests of all parties involved.
CONCLUSION
While self-help may seem tempting in the heat of a tenancy dispute, the risks far outweigh the potential benefits. The case of Governor of Lagos State v. Ojukwu serves as a reminder, highlighting the dangers of circumventing legal processes and the importance of upholding the Rule of Law in matters of tenancy. Only by adhering to established legal procedures can landlords and tenants navigate disputes effectively while upholding the principles of justice and equity.
[1] (1986) LPELR-3186(SC)
[2] Supra
[3] Akinkugbe v. Ewulum Holdings Nigeria Ltd. & Anor (2008) 12 NWLR (Pt. 1098) 375
[4] Mancha & Ors v. Emukowate (2017) LPELR-43113(CA); Section 44(1) of the Tenancy Law of Lagos State 2011