By Christopher Oji
Justice Daniel Osiagor of the Federal High Court, Lagos, has ordered the Inspector -General of Police, and his subordinates to vacate the premises of a Lagos property with immediate effect and revert possession to the earlier possessee, which instituted the suit.
The judge gave the order in a suit instituted by Associated Property Development Company Limited,against the Federal Ministry of Communications and Technology, Otunba Olusola Adekanola, Nigeria Telecommunications Limited, Federal Ministry of Land Housing and Urban Development, Implementation Committee on Alienation of Federal Government property and Attorney General of the Federation.
The plaintiffs had dragged the respondents before the court, over inversion of his private property and sealing of same by Bureau of Public Enterprises (PBE), in Osborne road, Ikoyi, Lagos.
The Court had earlier ordered the parties in the suit to maintain status quo, but the respondents, Otunba Olusola Adekanola, allegedly invaded the property with police officers to forcefully take procession .
Due to the development, the plaintiff informed the court and Justice Osiagor, on July 20, 2023 who gave the fresh order.
The court also ordered the duo of Bureau of Public Enterprises and Otunba Olushola Adekanola, within seven days should file an affidavits of fact,signifying their withdrawal from the premises in complying with the court’s order and undertaking not to enter the premises of the property during pendency of the case.
Consequently, the court adjourned the case till October 30, 2023, for defence of the 1th and 6th defendants.
Mr Eguavoen, has therefore, called on the Assistant Inspector-General Of Police, Zone 2 Command, Mr. Ali Mohammed Ali, to help him fish out the policemen from his office and Mobile Police Force(PMF ), who came to eject his tenants in a matter that was pending in the Court.
Mr Osagie,also, called on the authority of the Bureau of Public Enterprises (PBE) who the police accompanied to seal off the Estate to respect the court’s order preventing its officials from disturbing the occupants.
According to Osagie, the property has been the subject of litigation since 2008 at the instance of the property developers and a court’s order has been issued mandating all parties to maintain status quo pending the determination of the suit.
“ But ,In a clear contempt of court and in breach of the rule of law, within the space of two months some individuals have not only trespassed on this private property but have prevented the various users of the same property from gaining entry by sealing the gates, shut and posting heavily armed men as directed by the top echelon of the Nigeria Police Force. How can the police accompany some people to come and seal a property under litigation? That is why I am appealing to AIG Zone 2 ,to fish out the policemen who assisted in the breach of the law and contempt of the Court”.
He said ,” On May 14, 2023, around 11am a Toyota Hilux and a Toyota Hiace entered into the compound at 2 A Osborne road Ikoyi, Lagos, asking to be directed to the management office. Upon further search of the vehicles, it was discovered to contain 10 armed men, and some civilians, who laid siege on the property in a bid to forcefully eject the legal occupants. They were all informed that the subject matter was in court and therefore, subjudice and as such they had no right to do anything but they refused.
“After some time, an individual who called himself Mr Job, who initially claimed to be from the government admitted that he indeed works for one Otunba, and that they were there to take possession.
“As law abiding citizens, we immediately reported the matter to officers in the Zone 2 Police Command . They referred us to Ikoyi police station. Before the officers arrived at the premises, the Mobile policemen had disappeared as they were used as backing to carry out illegal duties. A petition had since been sent to the Zonal command to bring those officers to justice for the act of vandalism they carried out in our premises.
“While still reeling from the aforementioned, on the July 9, 2023, the same privately built and funded property on Osborne road Ikoyi Lagos was again ambushed by Mobile officers from under the instructions of individuals claiming to be from the Presidency. They alleged that they had instructions to take over the said property despite not having any valid Court order / authorization to do so.
“In 2008, the company was forced to institute a lawsuit against the Federal Ministry of Communication, Olusola Adekanola, NITEL, Federal Ministry of Works and Attorney General of the Federation in suit no. FHC/L/CS/4767/2008 currently being heard by Justice Osiagor.It is further instructive to note that a bench ruling was given against the BPE on the 9th of February 2022, as the court did not see any cause for them to be a party to the pending suit. The BPE refused to appeal the order dismissing the application for joinder,but resorted to.self help of illegally taking possession of the property which is subject matter of above pending suit.
They have gone further to break into the private buildings within the premises, a move which was masterminded by one Segun of BPE, thereby
flouting Court proceedings and disregard for the rule of law”
Justice D E Osiagor had on July 20, 2023 ordered the Inspector -General of Police and his subordinates to vacate the premises immediately and revert possession to the earlier possessee, the plaintiff.
The court also ordered the duo of Bureau of Public Enterprises and Otunba Olushola Adekanola within seven days file an affidavits of fact signifying their withdrawal from the premises in complying with the court’s order and undertaking not to enter the premises of the property during pendency of the case.
Consequently, the court adjourned the case till October 30, 2023, for defence of the 1th and 6th defendants