Amytorix Company Limited, which owns properties in Alma Beach, Ikate, Lagos, has initiated contempt proceedings against the Lagos State Ministry of Physical Planning and the Lagos State Building Control Agency (LASBCA). The company accuses these agencies of flouting court orders and engaging in unlawful actions against their property.
According to an affidavit submitted to the Court of Appeal on July 17, 2024, LASBCA demolished part of Amytorix’s property, valued at over N1 billion, despite the company having the necessary approvals from relevant authorities. The affidavit, sworn by Monday Peter, an official of Amytorix, argues that LASBCA’s actions constitute a direct affront to judicial processes and disrespect for court rulings.
The ongoing appeal, marked CAL/LAG/CV/172, involves Netconstruct Nigeria Limited and Abah Onah as respondents, while the contemnors include Arc Gbolahan Owodunni Oki, General Manager of LASBCA, and Afolabi Oseni, Managing Director of Netconstruct Nigeria Limited.
Peter’s affidavit emphasizes that if the court does not act swiftly, further destruction of the property is imminent. He contends that LASBCA’s actions, in the context of ongoing litigation, undermine the Court of Appeal’s authority and disregard a previous ruling which had already addressed similar issues.
The legal dispute revolves around the jurisdiction of the lower court concerning a Debenture Trust Deed dated February 20, 1991, and the appropriateness of subsequent injunctions issued despite prior court decisions. The Court of Appeal had previously ruled in CA/L/365/2004 that the lower court lacked jurisdiction over the matter, a decision that was ignored when another injunction was issued by the Lagos State High Court on November 9, 2021.
Peter’s affidavit highlights that the recent legal developments and the continued demolition of property despite the ongoing appeal are significant violations of legal principles. He has urged the Court of Appeal to uphold the sanctity of its decisions and prevent further damage.
Additionally, Amytorix’s counsel, Ejeta Otuoniyo, has petitioned Lagos State Governor Babajide Sanwo-Olu, seeking intervention. Otuoniyo argues that there is a severe breakdown of law and order within government circles, with some officials allegedly misusing their positions for personal gain.
The case underscores growing concerns about the rule of law and the integrity of judicial processes in Nigeria.
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