A Federal High Court in Lagos, has fixed May 16 to hear a suit by a 92-years- old widow, Mrs Roseline Ololo, seeking return of her schools, Metropolitan College and Isolo Secondary school, back to her as founder.
The suit which was mentioned for the first time on Friday, was adjourned to May 16 to enable service of hearing notices on the respondents.
When the case was called, counsel to the applicant, Chief Malcoim Omirhobo informed the court that the respondents had been served with their processes, adding that there was proof of service.
He added that the respondents were yet to file their responses.
The trial Judge, Justice Hadiza Shagari, therefore, fixed May 16 for hearing.
She, however, ordered service of hearing notices on the respondents.
Ololo had filed the action for Enforcement of her Fundamental Human Rights as enshrined in Chapter 4 of the 1999 constitution as amended.
She sued for herself and her company, Akaix West Africa Ltd, through her counsel, Mr Malcolm Omirhobo.
Joined as respondents in the suit are: The Attorney General of the Federation, The Minister of Education, Lagos State Government, Lagos State Attorney General, and The Lagos State Commissioner for Education.
She is praying the honourable court for a declaration that the refusal by the Lagos State Government to return her schools, is unjust, unconstitutional, illegal and unlawful.
In her affidavit personally deposed to by her, Ololo averred that in 1940 she and her late husband, Mr Akaihieobi-Ololo Ogwuand moved from the Eastern part of Nigeria to the Lagos colony.
She said that in 1952, they both incorporated a company, Akaix Africa Ltd, in which name they established Metropolitan College.
"Via a letter with Ref No: CEO/18L/31/25 dated March 1, 1956 our company was granted permission by the Federal Ministry of Education, to establish Metropolitan College of Commerce.
"The school for about 18 years of existence, was located at No 15 Banire St., Surulere in a rented apartment.
"In 1966, before the Nigeria/Biafran Civil war, we purchased over 8.17 hectares of land at the Atire-akari Isolo area of Lagos," she averred
She said that for expansion purposes and to move away from the thickly populated residential area of Surulere, they moved to the new site in 1974.
"In 1976, through the Education (Private Secondary Institutions Special Provisions) Law, the Military Government of Lagos State took over 48 Private Secondary Schools from their owners, including Metropolitan College.
"In the process, Isolo Secondary School was carved out of Metropolitan College on the same expanse of land hosting the college.
"However, in 2001, the administration of Chief Ahmed Bola Tinubu repealed the law and returned the said 48 private schools to their owners," she averred
Ololo said that Metropolitan College was curiously not returned to its owners, a development which she said brought about a law suit.
She is therefore, praying the Federal High Court for a declaration that the refusal of the respondents to return back her schools violated her constitutional rights to acquire and own landed properties.
She avers that the acts of the respondents amounts to a wilful attempt to exploit, marginalise and victimise her on account of her sex as a female, and her status as an old person.
Ololo therefore, seeks a court's order, restraining the respondents from further infringing on her fundamental right, and returning her properties back to her.
The suit which was mentioned for the first time on Friday, was adjourned to May 16 to enable service of hearing notices on the respondents.
When the case was called, counsel to the applicant, Chief Malcoim Omirhobo informed the court that the respondents had been served with their processes, adding that there was proof of service.
He added that the respondents were yet to file their responses.
The trial Judge, Justice Hadiza Shagari, therefore, fixed May 16 for hearing.
She, however, ordered service of hearing notices on the respondents.
Ololo had filed the action for Enforcement of her Fundamental Human Rights as enshrined in Chapter 4 of the 1999 constitution as amended.
She sued for herself and her company, Akaix West Africa Ltd, through her counsel, Mr Malcolm Omirhobo.
Joined as respondents in the suit are: The Attorney General of the Federation, The Minister of Education, Lagos State Government, Lagos State Attorney General, and The Lagos State Commissioner for Education.
She is praying the honourable court for a declaration that the refusal by the Lagos State Government to return her schools, is unjust, unconstitutional, illegal and unlawful.
In her affidavit personally deposed to by her, Ololo averred that in 1940 she and her late husband, Mr Akaihieobi-Ololo Ogwuand moved from the Eastern part of Nigeria to the Lagos colony.
She said that in 1952, they both incorporated a company, Akaix Africa Ltd, in which name they established Metropolitan College.
"Via a letter with Ref No: CEO/18L/31/25 dated March 1, 1956 our company was granted permission by the Federal Ministry of Education, to establish Metropolitan College of Commerce.
"The school for about 18 years of existence, was located at No 15 Banire St., Surulere in a rented apartment.
"In 1966, before the Nigeria/Biafran Civil war, we purchased over 8.17 hectares of land at the Atire-akari Isolo area of Lagos," she averred
She said that for expansion purposes and to move away from the thickly populated residential area of Surulere, they moved to the new site in 1974.
"In 1976, through the Education (Private Secondary Institutions Special Provisions) Law, the Military Government of Lagos State took over 48 Private Secondary Schools from their owners, including Metropolitan College.
"In the process, Isolo Secondary School was carved out of Metropolitan College on the same expanse of land hosting the college.
"However, in 2001, the administration of Chief Ahmed Bola Tinubu repealed the law and returned the said 48 private schools to their owners," she averred
Ololo said that Metropolitan College was curiously not returned to its owners, a development which she said brought about a law suit.
She is therefore, praying the Federal High Court for a declaration that the refusal of the respondents to return back her schools violated her constitutional rights to acquire and own landed properties.
She avers that the acts of the respondents amounts to a wilful attempt to exploit, marginalise and victimise her on account of her sex as a female, and her status as an old person.
Ololo therefore, seeks a court's order, restraining the respondents from further infringing on her fundamental right, and returning her properties back to her.
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