A Lagos-based company, NetConstruct Nigeria Limited, has urged the Lagos State Commissioner of Police, Idowu Owohunwa, to urgently forestall further aiding, abetting, flagrant disregard and abuse of order of a Lagos State High Court by Policemen under his Command.
P.M.EXPRESS reports that the company also alleged that the Policemen from the State command have become a ready-made tools in the hand of land grabbers, who have continually disobeyed Court of valid jurisdiction with the Police looking the other way in the face of impunity.
The company called on the Police boss to ensure a discreet and extensive investigation into the activities of Policemen in the state on a vast expanse of land in the Ikate Elegushi area of he state.
In a similar manner, NetConstruct also alleged the Lagos State Building Control Agency, the Ministry of Physical Planning and Urban Development of complicity in the disobedience to the Court order.
Ladipo Kehinde, NetConstruct’s Legal officer, noted that a Lagos State High Court, presided over by Hon Justice O. O. Ogunjobi, had on the 9th of November 2021, in a matter between NetConstruction Company and Amytorix Company Nigeria Limited granted an interlocutory injunction restraining the parties involved in the case from carrying out any further construction work on the land.
He however, expressed his surprise to the flagrant disregard to the order of the Court following the continuous and unhindered development and construction works on the land.
According to him, Policemen from the Lagos State Police Command have continually and physically aided these land grabbers to disobey Court order of valid jurisdiction by protecting their continued activities in contempt of Court orders.
The legal officer stated that many blocks of flats have been erected on the disputed land despite the Police in Lagos State being informed of the illegal construction.
The Lagos State Building Control Agency and the Ministry of Physical Planning at some points in time also reportedly regarded the buildings on the land as unapproved and marked them for demolition.
Surprisingly, the State Government forced NetConstruct to pay fine for the demolition of the illegal building and made attempt to demolish the buildings until “Order from Above” halted the demolition.
It was gathered that the perpetrators of the disregard of Court order were in the past arrested by Policemen from the State Criminal Investigation Department (SCID), Panti Yaba, but were prevented from being charged to Court by top Police officers from within and outside the Lagos State Police Command.
Justice Ogunjobi, while delivering his ruling on the prayer for the Order of Interlocutory Injunction noted that “There is no doubt that the purpose of interlocutory injunction is to maintain the status quo and thereby preserve the rest, the subject matter of the litigation from being wasted, damaged or forfeited away with the result that if the case succeeds, the result will be nugatory in that the successful party will reap an empty judgment”.
“It therefore, follows that when a Court of Law finds out that the matter sought to be restrained will render the case successful, nugatory, then there is a need to grant an injunctive order to maintain status quo”.
The judge also stated that, “In the instant case, the claimant / applicant has shown sufficient evidence to warrant the grant of an interlocutory injunction, restraining the defendant/ respondent in order to preserve the subject matter at this suit at Alma Beach Estate, Lekki Lagos, pending the substantive suit determination”.
Justice Ogunjobi therefore, ruled that “Consequently, an order of interlocutory injunction is hereby granted restraining the defendants, their agents ,privies and / or successor – in – title from committing any further trespass or carrying out any further construction or or erecting any structure and or advertising for the sale of that parcel of land measuring approximately 29 958 690 square metres, which is covered by the deed of sublease dated the 29th day of January 2009 between Alma Beach Estate Limited and the claimant and registered as No 63 page 63 in volume 2223 of the Land Registry, the Secretariat, Alausa, Ikeja.