Lagos State Government Defies Supreme Court Ruling in Standoff with Admiralty Fleet Limited

Posted on November 15, 2024

Lagos State Governor, Babajide Sanwo-Olu

 

In a flagrant disregard for a Supreme Court ruling, officials of the Lagos State Government on Friday forcibly entered the premises of Admiralty Fleet Limited (BICS Garden), located at Wole Olateju Crescent, Lekki, threatening to bulldoze structures on the property.

The Supreme Court, in a judgment delivered by Justice John Okoro and read by Justice Emmanuel Agim, had affirmed that the Federal Government holds exclusive authority over activities on Nigeria’s inland waterways.

The Court declared that it is unlawful for any state to regulate this sector or impose levies on businesses operating in it.

The judgment specifically vested control of the nation’s inland waterways in the Federal Government, through agencies like the National Inland Waterways Authority (NIWA) and the Nigerian Maritime Safety and Standards Agency (NMSSA), and not state governments.

Despite this, at approximately 7:30 a.m. on Friday, officials from the Lagos State Task Force forcibly entered the property of Admiralty Fleet Limited, ignoring an existing court order from suit number FHC/L/CS/1384/21, which had expressly barred any such action.

Eyewitnesses reported that the officials physically accosted anyone who resisted, even slapping individuals and threatening to detain them in a Black Maria vehicle brought to the scene.

The officials allegedly threatened to demolish all structures on the property, despite the firm holding a valid Federal Certificate of Occupancy (CofO), which confirms its legal rights to the land.

The actions of the Lagos State government officials have raised serious questions about their defiance of both the Federal High Court’s injunction and the Supreme Court’s judgment.

In 2021, Justice Daniel Osiagor of the Federal High Court had issued an injunction restraining the Lagos State Attorney-General and the Lagos State Special Task Force from interfering with the property at B20, Wole Olateju Crescent, Lekki, pending the resolution of the legal dispute. The injunction, issued on October 18, 2021, was a response to a petition filed by Admiralty Fleet Limited and Admiral Festus Porbeni (Rtd), who had accused the Lagos State government of illegal encroachment.

According to the plaintiffs, the dispute dates back to December 4, 2008, when Admiral Porbeni applied to the National Inland Waterways Authority (NIWA) for permission to construct a jetty and boat club on the site, which was granted. However, on September 30, 2021, officers of the Lagos State Task Force entered the premises without notice or a valid court order, marking the company’s equipment, machinery, and structures for removal within 48 hours.

The plaintiffs are seeking a court declaration that the actions of the Lagos State Task Force amount to trespass and violate their constitutional right to own property as guaranteed under Section 43 of Nigeria’s Constitution.

The flagrant breach of both judicial orders and the Supreme Court ruling raises serious concerns about the rule of law in Lagos State and the continued overreach of state agencies despite federal court protections.

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