Free Porbeni Lekki property, court orders LASG again — News — The Guardian Nigeria News — Nigeria and World News

A Federal High Court in Lagos on Thursday issued fresh orders restraining the Lagos State Attorney-General and the Lagos State Special Task Force from their threats to demolish a controversial Lekki seaside property owned by former Minister of Transport, Admiral Festus Porbeni (Rtd).

The court order issued by Justice Daniel Osiagor restrained the Lagos State Government and its agents from encroaching on the property located at B20, Wole Olateju Crescent, Lekki pending the resolution of the litigation.

It will be recalled that last Friday, the Lagos State Special Task Force, accompanied by heavily armed mobile policemen, stormed the disputed property, beat and arrested the staff and other persons on the premises. Officials cordoned off the area, threatening to bulldoze all structures in the area, in brazen violation of the Federal High Court order (FHC/L/CS/1384/21). Previously, the disputed property was seized in 2021.

On Thursday, the court issued a new order after Abiodun A. Olatunji (SAN), counsel for the applicant, moved the motion. He confirmed that the interim order dated October 18, 2021 and the vacation order dated November 5, 2021 remain in force and have not been set aside by any high court.

The Court made the following orders: Restraining Order: The Court enjoined the Attorney-General of Lagos State (1st Respondent) and the Lagos State Special Task Force (3rd Respondent) and their agents, servants or anyone acting on their behalf name, cease all efforts to demolish, eviction or force seizure of 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 merits of the suit are resolved.

Cease Intimidation and Harassment: The Court also ordered the 1st and 3rd Defendants to cease all forms of intimidation, harassment or arrest of the Claimants’ personnel and any forcible seizure of equipment, boats or other items. The defendants were also directed to stop any illegal construction or arbitrary transfer of property to third parties.

Restitution of Property: The Court ordered the 1st and 3rd Defendants to immediately return any property, equipment, boats or other items illegally removed from the Plaintiffs’ land. These things are subject to restoration to the original state in which they were before the commission of illegal actions by the defendants and their representatives.

In an affidavit sworn to by Olatubosun Kajogbola, Senior Litigation Officer of Abdullahi Ibrahim & Co. (representing the plaintiffs), explained that on October 18, 2021, the court granted an interlocutory injunction restraining the Lagos State Attorney-General and the Lagos State Special Task Force from entering or obstructing the plaintiffs’ property on the disputed site.

However, on September 16, 2024, the 1st and 3rd defendants sent a notice of violation to the plaintiffs, alleging illegal occupation of government land and unauthorized development. The notice contained a threat to demolish the plaintiffs’ property if they did not resolve the alleged violation within two days.

Upon receiving the notice, the plaintiff’s legal team immediately contacted the Lagos State Governor, the Commissioner of the Ministry of Waterfront and Infrastructure Development and the Attorney General of Lagos State, reminding them of the ongoing suit and court orders. They also warned of possible contempt proceedings against the 1st and 3rd defendants.

On September 20, 2024, a meeting was held with the embankment and infrastructure development commissioner, at which the plaintiffs’ lawyers emphasized that the demolition or eviction of the plaintiffs would be a direct violation of court orders. The commissioner assured that such actions will not take place, and an internal investigation will be conducted.

Despite this assurance, on November 15, 2024, the 1st and 3rd defendants violated the court order by trespassing on the plaintiffs’ premises along with over a hundred in cash, preventing them from conducting their legitimate business. The defendants also began mobilizing personnel and equipment to begin illegal construction on the site.

Plaintiffs allege that by these actions they have suffered irreparable harm without monetary compensation sufficient to compensate for the harm caused by defendant’s unlawful and contemptuous conduct.

Background
The legal dispute dates back to 2008, when Admiral Porbeni applied to the National Inland Waterways Authority (NIWA) for permission to build a marina and boat club on the site. NIWA granted the application, but tensions escalated when, on September 30, 2021, representatives of the Lagos State Task Force entered the premises without notice or court order, marking the equipment and structures for removal within 48 hours.

As a result of these actions, Admiralty Fleet Limited and Admiral Porbeni are seeking a declaration from the court that the actions of the Lagos State Task Force constitute an encroachment and violation of their constitutional right to own property guaranteed by section 43 of the Nigerian Constitution.

Human rights groups have condemned the state’s disregard for court orders, raising concerns about the implications for the country’s rule of law. In its reaction, the Good Governance Alliance of Nigeria (GGA-N) said: “This case raises serious concerns about the erosion of the rule of law in Lagos State and the continued overreach by state agencies in defiance of federal legal protections and court orders despite the Supreme Court ruling that upheld the exclusive authority of the Federal Government over the inland waterways of Nigeria”.