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By Christopher Oji, Lagos
A Lagos-based firm has accused the Lagos State Police Command of aiding land grabbers in disobeying court orders.
The company, NetConstruct Nigeria Limited, has urged the state commissioner of Police, Mr Idowu Owohunwa, to urgently forestall further aiding and abetting flagrant disregard and abuse of an order of a Lagos State High Court by policemen under his command.
The company also alleged that policemen from the command have become ready-made tools in the hands of land grabbers, who have continually disobeyed a court of valid jurisdiction with the police looking the other way.
The company also 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 the state.
NetConstruct also accused the Lagos State Building Control Agency, the Ministry of Physical Planning and Urban Development of complicity in the disobedience to the court order.
NetConstruct’s Legal officer, Mr Ladipo Kehinde, noted that a Lagos State High Court presided over by Hon. Justice O O Ogunjobi, had on November 9, 2021, in a matter between NetConstruction Company and Amytorix Company Nigeria Limited and Abah Onah, granted an interlocutory injunction restraining the parties involved in the case from carrying out any further construction work on the land.
He expressed surprise at the flagrant disregard for 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 land grabbers to disobey a court of valid jurisdiction by protecting their continued activities in contempt of court orders.
Kehinde stated that many blocks of flats have been erected on the disputed land, despite the fact that the police have been 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 a fine for the demolition of the illegal building and made an attempt to demolish the buildings until ‘order from above’ halted the demolition.”
It was gathered that the perpetrators of the disregard to the court 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 res, 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 the status quo.
“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 of the substantive suit determination.”
Justice Ogunjobi 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 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.”
