Matthew Irinoye
It would be recalled that, Sir
Richards was a British colonial administrator who served as the
Governor-General from 1943 to 1948, while his counterpart Sir Macpherson
succeeded him from 1948 to 1955.
During the proceeding at the resume
hearing of the matter, a Senior Advocate of Nigeria (SAN) Mr Babajide Koku told
the presiding judge, Justice Ayokunle Faji that the building at 27, Femi Okunnu
Road (Old Cooper Road) Ikoyi, was pulled down by an AMCON assignee despite
pending litigation over its ownership.
Koku, representing the Applicant, Ehimome
Properties Ltd, prayed for an order setting aside the “purported sale” of the
property located at 27, Femi Okunnu Road, Lagos State by AMCON.
He also sought an order appointing
the court’s Deputy Chief Registrar as the property’s receiver/manager pending
the determination of a motion seeking to set aside a September 4, 2019 interim
order of possession Justice Nicholas Oweibo made in AMCON’s favour with respect
to the property and others at home and abroad.
The applicant made his application
in suit FHC/L/CS/1129/2019 between AMCON (Receiver/Manager ROCKSON Engineering
Company Ltd) and Mr Johnson Akinola Arumemi-Ikhide, and Rockson International
Group Ltd.
Koku, who appeared conditionally for
the defendants, who informed the court that despite the matter pending in
court, AMCON went ahead to assign the property to “Otunba Yemi Saheed
Lawal and/or Seagle Property Development Ltd.”
He said the assignees “and/or
persons unknown have demolished the property,” and were taking steps to erect a
new building on the property, which had historical images that had been
reserved as part of Nigeria’s historical heritage.
“My Lord, the people that bought
this property have pulled it down and they are erecting a new building on it as
we speak.
“On June 12, a bulldozer was
mobilised to the site, No 27, Femi Okunnu Street, Ikoyi, Lagos and it cleared
everthing there, now they are laying the foundation for another building.
“What impunity can be more than
this? Despite that we are before my Lord and instead of everyone to wait for
the outcome of this case, AMCON resorted to self help.
“The last time something like this happened
was during military erra in Odumegwu Ojukwu vs Lagos State,” Koku said.
The lawyer however prayed for an order that no work should
henceforth proceed on the site pending the hearing and determination of the
substantive suit and that the preservative order of Justice Oweibo be extended
till when the matter is dispossed of.”
But in a swift response AMCON’s
counsel, Mrs Oladoyin Onanuga, opposed him on the ground that granting the
order would be prejudicial to AMCON.
In a short ruling, Justice Faji
granted the Applicant’s prayer.
The judge banned AMCON, its buyer or
any other agent or personnel from doing anything or carrying out any
developments on the site pending the determination of the substantive suit.
Justice Faji also order that an
order of status quo be pasted on the walls of the property.
He adjourned till July 3, for AMCON
to explain its alleged resort to self help.
