Recuse self from our case, Lagos tells FHC judge | The Guardian Nigeria News
Lagos Point out governing administration has requested Justice David Osiagor of the Federal Substantial Court docket, Lagos, to recuse himself from conducting any even more proceedings in a go well with submitted by Admiral Festus Porbeni (rtd).
In the software submitted by a point out prosecutor, Adebayo Haroun, the condition maintained that it is not confident of finding a honest-listening to ahead of the court owing to the refusal of Justice Osiagor to hear its pending software.
Porbeni experienced submitted a go well with to problem the alleged demolition of his home located at B20, Wole Olateju Crescent, off Admiralty Way, Lekki Stage 1 in Eti-Osa Area Council by the state federal government.
The retired armed forces officer and his business, Admiralty Fleet Restricted (BICS Backyard garden), had filed the match versus the Attorney Common, Nationwide Inland Waterways Authority and Chairman, Lagos Condition Endeavor Drive.
The plaintiffs urged the court to declare that the alleged forceful entry and invasion of their premises by the defendants amounted to trespass and a breach of the plaintiffs’ basic proper to very own immovable home wherever in Nigeria as guaranteed by Portion 43 of the Constitution.
But in the application filed by the point out authorities, Haroun argued that Justice Osiagor experienced refused to listen to its application dated October 15, 2021 challenging the jurisdiction of the court to hear and ascertain “a issue pertaining to land.”
He submitted that even though the software hard the jurisdiction of the courtroom was nevertheless pending, the judge made a decision to hear and grant an application for an injunction in favour of the plaintiffs.
The law firm also stated that on November 5, 2021, the courtroom all over again dismissed and refused to get possibly the pending application tough its jurisdiction or the software for remain of execution pending the dedication of an enchantment submitted by the defendants on Oct 22, 2021, but went on to further more direct the defendants to vacate the land.
Haroun more stated that on November 1, 2021, the Legal professional-Common of Lagos State, Moyosore Onigbanjo (SAN), wrote a letter to the Chief Decide (CJ) of the Federal Superior Court requesting him to transfer the case file of the make a difference to another court.
“However, when the make any difference came up for hearing on November 5, 2021, fairly than wait for and/or regard the powers of the Main Choose to approve or reject the ask for, Justice Osiagor continued to hear the matter and designed even more order directing defendants/candidates to vacate the land,” Haroun mentioned.
He also stated that the court granted the buy of injunction on Oct 18, 2021, irrespective of getting manufactured informed that the act for which an injunction was being sought was a accomplished act.
Haroun even further alleged that the defendants/candidates are not confident of acquiring a honest hearing just before the courtroom specified the continued refusal and neglect of the court to hear their pending programs challenging jurisdiction and for a continue to be of execution of the injunction granted on Oct 18, 2021, pending enchantment.
In an affidavit filed in support of the software and deposed to by Saka Agbedina, a litigation clerk in the Ministry of Justice, the condition averred that the governing administration or its brokers are not and have under no circumstances been on the land in dispute.
Agbedina stated that the only organization the Lagos Condition Unique Job Pressure had on the land in dispute was to clear away the encroachers/land grabbers observed on the land on Oct 24, 2021, by the Lagos State Residence Safety Legislation of 2016.
He also claimed that considering the fact that the Lagos Point out Task Power on Land Grabbers handed over possession to Tetrazzini Meals Restricted, neither the Lagos Point out authorities nor any of its companies have returned to the land.
