Tribunal Orders Tokunbo Afikuyomi To Vacate Abuja Property, Pay N11m

An Arbitration Tribunal headed by Miriam Kombo-Ezeh, has directed Senator Tokunbo Afikuyomi to vacate a property he occupies in the Maitama District of Abuja in the Federal Capital Territory.

The former Senator was also ordered to pay of N11 million, being profit for the period he occupied the property without a new term of lease.

The former Senator, who represented Lagos Central Senatorial District and later Lagos West Senatorial District, was further asked to refund all the Arbitration fees he failed or refused to pay at the Tribunal in his unsuccessful attempts and without just cause to frustrate the timely determination of the matter at the Tribunal.

But Afikuyomi, through his counsel, Seun Awoladi, has filed a suit before a Federal Capital Territory High Court in Jabi area of Abuja, presided over by Justice Babangida Hassan, for non-recognition of the arbitral awards.

The property owner, Prince Samsom Ataiyero, through his counsel, M.I. Harrison and Christian Moleke, joined issues with Afikuyomi, praying the court for registration and recognition of the arbitral awards.

When the matter came up on Monday for hearing, the court granted the oral application by counsel to Prince Ataiyero to withdraw a motion on notice for consolidation marked M/11059/2024 because it had been spent since their substantive application marked M11024/2024 was now properly before the court.

Afikuyomi’s counsel told the court that they were not objecting to the withdrawal of the motion on notice and that they would not be asking for cost.

Justice Hassan in a bench ruling averred that the application was granted and the motion was deemed withdrawn.

Ataiyero’s counsel said their substantive application was seeking recognition for the purpose of enforcement of the arbitral awards by the FCT Multi-door Courthouse on June 21, 2024, stating that all their prayers were contained on the face of the motion paper.

But Afikuyomi’s counsel interjected, saying the substantive suit was to set aside the arbitral awards and not a motion to enforce.

According to him: “We filed our originating motions on July 8, marked CB/3139/24.”

Justice Hassan resolved the issue of first in service in favour of Afikuyomi since Ataiyero’s substantive suit before the court was dated July 9, 2024.

Atayeiro’s counsel said: “We do not have any problem with that as long as both suits are before your lordship.”

At this point, Afikuyomi’s counsel asked the court for a short adjournment of two weeks to enable both parties to resolve the matter out of court, otherwise they would proceed with the matter.

Ataiyero’s counsel urged the court to adopt their processes first and thereafter the other party could do whatever they wanted.

But after much plea by Afikuyomi’s counsel and Justice Hassan’s avuncular intervention, urging Ataiyero’s counsel to agree to the out-of-court settlement overture, the counsel agreed and the matter was adjourned until October 16, 2024.

It would be recalled that Afikuyomi, one-time member of Senate (1999-2007) had leased a three-bedroom duplex with two-bedroom bungalow guests chalet, two boys’ quarters, serviced with air conditioners and swimming pool, located at 33, Lake Chad Crescent, Maitama District from Prince Ataiyero, using the name of his law firm: Liberty Solicitors, for a period of five years, serviceable annually.

The period for the lease was September 1, 2018 to August 1, 2023.

Arbitration Tribunal orders ex-Senator to vacate property, pay N11m

Trouble started in the middle of the term of the lease when the Senator started defaulting in his rent obligations and this continued after the expiration of the term of lease.

Our Correspondent learnt that the Lease Agreement contained an Arbitration Clause which encouraged parties to settle any of their disputes by way of arbitration instead of the usual litigation.

It was in keeping to this arbitration clause that Senator Afikuyomi’s landlord applied to the Abuja Multi-Door Courthouse in line with the principle of “pacta sunct servanda (sanctity of agreement must be kept)” for an arbitral proceeding, which saw to the delivery of its decision, otherwise called: “Final Award,” on June 21, 2024.

Kombo-Ezeh, the erudite arbitrator, had directed that Afikuyomi should comply with the arbitral awards on or before July 8, 2024.

It was further gathered that Senator Afikuyomi failed, neglected or refused to honour the decision of the Arbitration Tribunal, which by the Tenancy Agreement signed by parties during the life of the lease, ought to bind parties.

Afikuyomi had rather resorted to buying time in his efforts to continue occupying a house he did not build.

He had rather approached the High Court of the Federal Capital Territory, Abuja to seek the setting aside of the decision of the Arbitration Tribunal on grounds that he didn’t have notice of the appointment of the Arbitrator and bias.

These grounds had been rebutted in the papers filed by the Landlord’s lawyers, who even produced to the Court evidence of consent form signed by the Senator’s lawyers for the appointment of the Sole Arbitrator.

While the rent on the property expired on August 31, 2023, the court papers indicated that Afikuyomi is still occupying the property without renewing his rent or taking steps to vacate the leased premises, about a year after his rent expired.

Available information showed that while Senator Afikuyomi had gone to the High Court to set aside the Final Award, his landlord, Prince Ataiyero, had filed his own motion before the same Court seeking the Court’s recognition and enforcement of the Award as was witnessed in court on September 23, 2024

From the Court processes filed both at the Tribunal and the High Court, which were sighted by our Correspondent, it was obvious that the key contention between parties is the possession of the property since the lease, which was for a fixed period, had long elapsed.