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A Federal High Court in Lagos, on Thursday, issued a fresh order, restraining the Lagos State Attorney-General and the Lagos State Special Task Force from their threats to demolish a disputed Lekki seaside property belonging to a former Minister of Transportation, Admiral Festus Porbeni (Rtd).
The court order issued by Justice Daniel Osiagor stopped the Lagos State government and their agents from interfering with the property located at B20, Wole Olateju Crescent, Lekki, pending the determination of the legal dispute before the court.
LEADERSHIP reports that the Lagos State Special Task Force accompanied by heavily-armed mobile policemen had invaded the disputed property last week Friday, and beat up, arrested staff and other people met on the property. The officials cordoned off the area with threats to bulldoze all structures on the property, in brazen breach of the Federal High Court order (FHC/L/CS/1384/21). The disputed property was previously invaded in 2021.
However, on Thursday, the Court issued the fresh order after Abiodun A. Olatunji (SAN), counsel for the applicant, moved the motion. It reaffirmed that the interlocutory order made on October 18, 2021, and the vacation order issued on November 5, 2021, remained in effect and jas not been overturned by any higher court.
The court, therefore, issued a Restraining Order against the Lagos 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 plaintiffs’ property at B20, Wole Olateju Crescent, Off Admiralty Way, Lekki Phase 1, Eti-Osa Local Government Area, Lagos State, until the substantive suit is resolved.
The defendants were also asked to cease intimidation and harassment by stopping all forms of intimidation, harassment, or arrest of the plaintiffs’ staff, as well as any forceful removal of equipment, boats, or other items. The defendants were also instructed to halt any illegal construction or unauthorized allocation of the property to third parties.
The court directed the 1st and 3rd defendants to immediately return any property, equipment, boats, or other items unlawfully removed from the plaintiffs’ land. The items should be restored to their original condition, as they were before the unlawful actions taken by the defendants and their agents.
An affidavit sworn by Olatubosun Kajogbola, a Senior Litigation Officer at Abdullahi Ibrahim & Co. (representing the plaintiffs), explained 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 unauthorised development. The notice threatened to demolish the plaintiffs’ property unless they addressed the alleged contravention within two days.
Upon receiving the notice, the plaintiffs’ legal team immediately contacted the Governor of Lagos State, the Commissioner for the Ministry of Waterfront Development and Infrastructure, and the Attorney-General of Lagos State, reminding them of the ongoing lawsuit and the subsisting court orders. They also warned of the potential contempt proceedings against the 1st and 3rd defendants.
On September 20, 2024, a meeting was held with the Commissioner for Waterfront Development and Infrastructure, where the plaintiffs’ solicitors stressed that demolishing or evicting the plaintiffs would be a direct violation of the court’s orders. The Commissioner assured that no such action would take place and that an internal investigation would be conducted.
Despite the 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 plaintiffs argued that they wrre suffering irreparable harm due to these actions, with no monetary compensation sufficient to address the damage caused by the defendants’ unlawful and contemptuous behavior.
Background:
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 the actions, Admiralty Fleet Limited and Admiral Porbeni sought 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.
Also, human rights groups have condemned the state’s disregard for court orders, raising concerns about the implications for the rule of law in the country. In its reaction, the Good Governance Alliance Nigeria (GGA-N) stated: “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.”
