Alleged illegal demolition: Estate owner drags LASBCA, others for contempt

Amytorix Company Limited, owners of properties in Alma Beach, Ikate area of Lagos has filed contempt proceedings against the Lagos State Ministry of Physical Planning and Lagos State Building Control Agency (LASBCA) over alleged lawlessness and impunity.

The appellants alleged that the respondents abused the constitutional supremacy of court decisions. LASBCA was alleged to have demolished the buildings, which according to the owner, has approval from appropriate authorities.

In an affidavit sworn at the Court of Appeal dated July 17, 2024 by an official of Amytorix Company Limited, Monday Peter, LASBCA rolled out the bulldozers and demolished part of the firm’s landed property and assets worth over N1 billion.

Peter swore that LASBCA’s action is a direct affront and denigration of court processes and asked the Appeal Court to uphold the sanctity of the judicial process and respect for the rule of law.

The respondents in the appeal marked CAL/LAG/CV/172 are Netconstruct Nigeria Limited and Abah Onah, while the contemnors are the General Manager of LASBCA, Arc Gbolahan Owodunni Oki and the Managing Director of Netconstruct Nigeria Limited, Afolabi Oseni.

Peter in his 18-paragraph affidavit of urgency stated that “unless the court grants the application, the contemnors will continue with the nefarious activities of invading the premises of the appellant/applications to demolish and destroy the remaining properties.”

The appellants described the action as contemptuous of the Court of Appeal, which had heard arguments in the suit. Peter averred that the subject matter of the suit and the appeal is part of a charged asset conveyed in a Debenture Trust Deed dated February 20, 1991, and registered as 75/75/1949 of the Land Registry, Lagos, comprising 29,000 square metres of land situated at Alma beach Estates, Ikate Lagos.

According to him, the appellant’s appeal borders on the jurisdiction of the lower court to entertain the 1st respondent’s suit whose predecessor in title has been declared by the judgment of the Court in appeal marked CA/L/365/2004, NICON Trustees Limited & Anr V. Alma Beach Estates Limited and others.

He said that the court held that the 1st respondent lacked the locus standi to challenge the appointment of a Receiver Manager over the charged assets, which includes the subject matter of the suit.

“Notwithstanding the decision of this Court in Appeal No: CA/L/365/2004-NICON Trustees Limited & Anor V. Alma Beach Estates Limited & Anor, which discharged the injunction imposed by the High Court of Lagos State in 2003 and held that the High Court of Lagos State had no jurisdiction to entertain the suit on the debenture trust deed, the High Court of Lagos State, Coram: Ogunjobi J. granted another order of injunction on November 9, 2021 in this suit in respect of the same charged asset and debenture trust deed,” he averred.

Dissatisfied with the ruling of the lower court, the appellant on November 16, 2021 appealed the decision of the High Court of Lagos dated November 9, 2021.

“Notwithstanding appellant’s appeal having been entered at the Registry of this court to the knowledge of the lower court, the court proceeded to hear and adjourned for ruling the first respondent’s motion dated March 20, 2024 seeking to grant far-reaching orders of ‘mandatory restorative injunction’ seeking Police assistance to enter into the assets, which form the subject matter of this appeal, demolish same and totally remove the appellant who is the owner of the land.

“The res of this appeal is under imminent threat of further destruction and unless the orders sought herein are granted to prevent this appeal from being nugatory and the court met with a fait accompli as the 14th contemnor has an intention to return to continue with the unlawful and illegal activity of tampering and destroying the res of this appeal,” Peter swore.

In addition, the appellant has through its counsel, Ejeta Otuoniyo, petitioned the Lagos State Governor, Babajide Sanwo-Olu, asking for his intervention. Otuoniyo argued that “there is a complete breakdown of law and order in government circles” and “some persons have hijacked the machinery of government to further their personal interests.”