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From Godwin Tsa, Abuja
The Association of Parks and Garden owners in the Federal Capital Territory (FCT), Abuja, has approached a High Court for an order stopping the Minister of the FCT from sealing parks and gardens over the sale of alcoholic beverages.
The business group equally seeking an order of interlocutory injunction restraining the minister, his privies, agents, workers, partners, representations, associates or howsoever, from enforcing the purported regulation of 7pm as the maximum hours of operations of parks and gardens in Abuja daily, pending the hearing and determination of the suit.
In the motion on notice brought, pursuant to order 42, rule 8, order 43 rule 1, 2, 3(1), 3(2) of the High Court of the Federal Capital Territory (Civil Procedure Rules) 2018, and under the inherent jurisdiction of the Honourable Court, through their Counsel, Mbanefo Ikwegbue Esq, the parks and gardens owners stated that the parties were already before the court, on account of their dispute in Suit No:CV/408/2008.
They further contended that the dispute between the parties is, therefore, sub-judice and subject of litigation before a competent court of law, adding that whilst the suit is still pending before the court, the defendant, the FCT minister, Mohammed Bello, proceeded to issue a directive on television, threatening to enforce the purported regulation for parks and gardens in the FCT, to close by 7pm, as regulation time, on daily basis.
Mbanefo pointed out that the plaintiffs (parks and gardens operators (were never consulted when such a regulation was being deliberated upon let alone when passed as a law. He averred that the defendant’s decision in promulgating the purported regulation was arbitrary and oppressive bearing in mind that the FCT is secular city.
Mbanefo further contended that the ulterior motive of the said regulation was to stop the sale of alcoholic beverages in parks and gardens in the FCT.
In an affidavit in support of the motion deposed to by Emeka Onuorah, a legal practitioner, in the Pelican Attorneys, he averred that “the plaintiffs/applicants drew the attention of our office to a broadcast by the Senior Special Assistant (SSA) to the Honourable Minister on Monitoring and Enforcement, Ikharo Attah, wherein he threatened to enforce a purported regulation directing all parks and gardens to close by 7pm, on daily basis, or face arrest and incarceration for violation.
