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ABUJA – The Federal High Court in Lagos has ordered the State Attorney General and the Lagos State Special Task Force to desist from interfering with a disputed property at Lekki, pending the resolution of a suit.
Justice Daniel Osiagor on Thursday issued the order after a motion to that effect was moved by Abiodun Olatunji (SAN), counsel for the applicant.
The Court reaffirmed that the interlocutory order made on October 18, 2021, and the vacation order issued on November 5, 2021, remain in effect and were yet to be overturned by a higher court.
The Court ordered the State Attorney-General (1st defendant) and the Lagos State Special Task Force (3rd defendant), along with their agents, employees, or anyone acting on their behalf, to cease all efforts to demolish, evict, or forcibly remove assets, property, or equipment from the property until the substantive suit is resolved.
It also ordered the 1st and 3rd defendants to “stop all forms of intimidation, harassment, or arrest of the plaintiffs’ staff, as well as any forceful removal of equipment, boats, or other items.”
An affidavit sworn by Olatubosun Kajogbola, a Senior Litigation Officer at Abdullahi Ibrahim & Co. (representing the plaintiffs), explained that the defendants were also instructed to halt any illegal construction or unauthorized allocation of the property to third parties.
This is as the Federal High Court in Lagos directed “the 1st and 3rd defendants to immediately return any property, equipment, boats, or other items unlawfully removed from the plaintiffs’ land. These items should be restored to their original condition, as they were before the unlawful actions taken by the defendants and their agents.”
The affidavit further showed that the court had previously granted an interlocutory injunction on October 18, 2021, preventing the Lagos State Attorney-General and the Lagos State Special Task Force from entering or interfering with the plaintiffs’ property at the disputed site.
However, on September 16, 2024, the 1st and 3rd defendants served a contravention notice to the plaintiffs, alleging illegal occupation of government land and unauthorized development.
The notice reportedly threatened to demolish the plaintiffs’ property unless they addressed the alleged contravention within two days.
A statement from the Good Governance Alliance Nigeria (GGA-N) explained that the plaintiffs’ legal team petitioned the state government over the ongoing lawsuit and the court orders, adding potential contempt proceedings against the 1st and 3rd defendants.
Accordingly, the state government through the office of the Commissioner for Waterfront Development and Infrastructure reassured that the government would abide by necessary court injunctions on the matter.
“Despite this assurance, on November 15, 2024, the 1st and 3rd defendants violated the court’s order by entering the plaintiffs’ property, along with over a hundred touts in their pay, preventing them from conducting their lawful business.
“The defendants also began mobilizing personnel and equipment to commence illegal construction on the site.”
The statement continued, “The plaintiffs argue that they are suffering irreparable harm due to these actions, with no monetary compensation sufficient to address the damage caused by the defendants’ unlawful and contemptuous behavior.
“The legal dispute dates back to 2008, when Admiral Porbeni applied to the National Inland Waterways Authority (NIWA) for approval to construct a jetty and boat club on the site. NIWA granted the application, but tensions escalated when, on September 30, 2021, officials from the Lagos State Task Force entered the premises without notice or a court order, marking equipment and structures for removal within 48 hours.
“As a result of these actions, Admiralty Fleet Limited and Admiral Porbeni are seeking a court declaration that the Lagos State Task Force’s actions constitute trespass and violate their constitutional right to own property, as guaranteed under Section 43 of Nigeria’s Constitution.
The case raises significant concerns about the erosion of the rule of law in Lagos State and the continued overreach of state agencies in defiance of federal legal protections and court orders, despite a Supreme Court ruling that affirmed the Federal Government’s exclusive authority over Nigeria’s inland waterways.”
