Justice Daniel E Osiagor of the Federal High Court sitting in Lagos has given the Attorney-General and Commissioner for Justice in Lagos State and the Lagos State Special Task Force, seven days ultimatum to comply with a restraining order issued by the court in a case filed by Admiralty Fleet Limited, warning that disobedience to court order is a recipe for lawlessness and chaos.
Justice Osiagor also condemned what he termed the disregard for the order he made on October 18, 2021, warning that such conduct erodes confidence in the judicial system and failure to check such will breed anarchy.
The judge gave the ultimatum while ruling on a suit delineated FHC/L/CS/1384/21 filed by Admiralty Fleet Limited (BICS Garden) and Admiral Festus Porbeni (Rtd), against the Attorney General, Lagos State; National Inland Waterways Authority; and the Chairman, Lagos State Special Task Force.
The court had on October 18, 2021, restrained the Attorney-General of Lagos State and the Lagos State Special Task Force Unit; who are the first and third defendants, from allocating any portion of a property located at B20, Wole Olateju Crescent, off Admiralty Way, Lekki Phase 1 in Eti-Osa Local Government Area pending the hearing of the substantive suit.
However, Lagos State Government appealed against the order and followed it up by re-deploying the Lagos State Task Force and police officers unto the site in breach of the order of injunction.
The first and third defendants allegedly brought a bulldozer onto the site at about 4 am on October 20, 2021, and under the cover of darkness, demolished structures on the site with the Lagos State Task Force policemen allegedly providing protection for those flouting the injunction.
Following this, the claimants commenced contempt proceedings against the Attorney General of Lagos State.
At the resumed hearing of the suit, Adebayo Haroun, counsel to 1st & 3rd defendants, informed the court that the Attorney General had written a petition to the Chief Judge of the Federal High Court complaining that they had no confidence in the judge.
But, counsel to the claimants, Adetunji Oyeyipo (SAN) and Abiodun Olatunji (SAN) as well as counsel to NIWA (the second defendant) Adejare Kembi ESQ told the court that they were surprised at the turn of events and complained that the Attorney General did not deem it fit to effect service of the said petition on them.
Justice Osiagor then requested a copy of the petition, as he had also not been served a copy, after which he expressed his intention to await the administrative outcome of the petition but insisted that in the meantime, his order of October 18, 2021, must be fully obeyed until it is set aside, adding that the integrity of the judiciary must be protected.
The judge further issued a 7 days ultimatum to LASG to comply with the order and vacate the premises or the court may be forced to issue a further order removing any person from the disputed property.
The court noted that LASG had been duly served with the contempt proceedings and that they had had enough time to comply with the court order.
Responding, the Counsel to LASG, Mr. Adebayo Haroun told the court that he will investigate to see if his clients were on the property.
Also, the lawyer representing a third party interest, Mr. Nwanbueze also said he would investigate to see if his client, Prince Donatus Okonkwo, or his agents were on the property.
Consequently, the judge adjourned the matter till November 12, 2021, for a report of compliance while he awaits the administrative decision of the Chief Judge of the Federal High Court.
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