From Godwin Tsa, Abuja
Over 1000 distraught Abuja traders have appealed to the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN) to quickly stop the Inspector General of Police and Urban Shelter Limited from carrying out any construction work in furtherance of the planned remodeling of the Area 7 shopping complex that was illegally demolished in violation of subsisting court order.
The appeal is coming on the heals of a fresh order of the High Court of Federal Capital Territory (FCT), Abuja, restraining the defendants particularly Urban Shelter Limited from going ahead with any allocation of shops to any person either in the form of reservation of temporary shop space for both verified and non-verified operators in the form of permanent shops to be built at the Area 7 shopping complex.
Justice O.I. Adeleja in a fresh interim order dated August 24, 2023, restrained the Inspector General of Police (listed as the 6th defendant), from further providing official protection to Urban Shelter Limited (5th defendant), or any other person carrying on any construction work and or doing anything in furtherance of the planned remodelling of the Area 7 shopping complex, Garki Abuja.
Others listed in the motion No: FCT/HC/M/12457/2023 are the Minister of the Federal Capital Territory; Federal Capital Development Authority; Abuja Markets Management Limited; Abuja Investment Company Limited and Obinna Okolie.
In a letter addressed to the AGF by the law firm of Chukwuma-Machukwu Ume (SAN), the traders Chronicled their plight in the hands of the defendants particularly Urban Shelter Limited and the Inspector General of Police who are in consistent disobedience to subsisting orders of court with respect to the subject matter.
The letter dated September 14, 2023 and received same day by the registry of the AGF, specifically accused the IGP of blatant disobedience to the orders of the FCT High Court dated December 1, 2021 and August 24, 2023 and urged the AGF to stem the ugly tide and ensure that the IGP enforces these court orders.
While urging the AGF to bring “a complete and comprehensive new phase in the enthronement of the rule of law and obedience to court orders in the country, Ume noted that ” no nation or society can enjoy safety, progress and stability where the rule of law is replaced with whim and caprices of the mighty and court orders are disdained, disobeyed and rubbished.
He drew the attention of the AGF to decided case law on the dangers of disobedience to court orders including the case of Hart v. Hart (1990) LPELR-1354 (SC) where the Supreme Court adopted as follows:
“To allow court orders to be disobeyed would be to tread the road toward anarchy. If orders of the court can be treated with disrespect, the whole administration of justice is brought into scorn…If the remedies that the courts grant to correct wrongs can be ignored, then there will be nothing left for each person but to take the law into his own hands. Loss of respect for the courts will quickly result into the destruction of our society.”
The letter lamented that rather than enforce the orders of court arising from the multiple suits, the police instead tooks steps to disobey same just to protect the unbridled, illegal and selfish interest of a private concern.
The traders referred Fagbemi to previous letters to the his office on the subject matter included the one dated May 25, 2023 with the caption: “Wanton disobedience of court order and brazen impunity perpetuated against over 1000 traders at the Area 7 shopping complex Garki Abuja by the Nigeria Police.”
The above letter drew the attention of the AGF to the flagrant acts of disobedience to lawful court orders allegedly orchestrated by Urban Shelter Limited in conspiracy with the police who provided official cover for the demolishing shops at the Area 7 shopping complex with N4 billion worth of goods.
It narated how in the face of a subsisting court order, Urban Shelter had on the 4th April, 2023 ferried in over 30 armed thugs dressed in fake police uniforms to the Area 7 shopping complex in the wee hours of the night with the illegal and ulterior motive of demolishing the complex.
Another letter in reference was dated April 28, 2023 clearly stated:”It is wrong for the Nigeria Police Force to lead itself as a tool for disobedience of court orders and manipulation by selfish persons.
It was followed by another letter dated May 17, 2023 delivered to the Assistant Inspector General of Police, Zone 7, complaining about the plight of the traders.
The above letters requested the Attorney General of the Federation and Minister of Justice to “in the face of the above case laws, to bring to your kind attention as the Chief Law Officer of the Federation, this brazen impunity that is capable of sabotaging the rule of law and sanctity of court orders.
” Hon. Attorney General of the Federation, it is curious that despite all these, the Assistant Inspector General of Police with his officers and men provided protection enabling Urban Shelter to (on 3rd June 2023) pull down the entire over one thousand shops of the claimants where goods worth N4 billion, in total disdain of the court order made on December 1st December 2021, while the suit pending.
Umeh in the fresh letter dated September 14, 2023, informed the AGF that: “Now to rob salt into the injuries of the traders, Urban Shelter in conspiracy with the Nigerian Police have started their illegal construction of their business interest in the site of that very Area 7 shopping complex illegally demolished against the subsisting court order.
” The distraught claimants have again approached the FCT High Court and same has ordered the recalcitrant defendants to stop the illegal actions forthwith.
“We have served the court orders to all the defendants, yet as usual, the defendants including the Inspector General of police are currently disobeying this court order.
” Considering your pronounced disposition to upholding the principle if rule of law and the sanctity of court orders, we believe your good office would not allow this ongoing anarch and disobedience to court orders to continue.
“We therefore request you to instruct the Inspector General of Police to move in the officers of the Nigeria police to stop the defendants from going on with the illegal construction at the Area 7 shopping complex,” the letter reads.