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Court Order Army To Halt Operation Positive Identification

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Justice Rilwan Aikawa of a Lagos Federal High Court has ordered the suspension of the military exercise tagged Operation Positive Identification which the Nigerian Army said it would begin this month across the country.

The judge gave the order sequel to a suit filed by a human rights lawyer, Femi Falana, against the Nigerian Army, the Chief of Army Staff, and the Attorney-General of the Federation over the exercise.

When the matter came up today, the Nigerian Army and the Chief of Army Staff had no legal representation which prompt Justice Aikawa to rule that parties should maintain status quo pending the determination of the case.

Cousel to the Attorney General, Mr. Fiyinfoluwa Sobowale appealed for a suitable date to enable them respond to the issues raised in the suit.

Mr Falana, however, insisted on the closest date possible, arguing that the case was time-bound and there would be no point in the case if the parties continued with their actions while the matter is yet to be heard in court.

After entertaining submission from counsels, Justice Aikawa, noted that due to the nature of the case, a delay would reduce the case to a mere academic exercise.

He therefore asked all the defendants to appear in court on November 18 for the substantive hearing of the suit.

The complainant, a Senior Advocate of Nigeria, Mr. Femi Falana is asking the court to declare the operation scheduled for November 1 to December 23 as unconstitutional, illegal, null and void.

Top Court News is a product of a dedicated Journalist, owner of I-Wahab Media The Publisher started his Journalism career with Murhi International TV, MiTV in 2003 before working with Radio Nigeria, Lagos Operation, as a Judicial Correspondent. He is presently the Vice Chairman of the National Association of Judicial Correspondent, NAJUC, Ikeja Branch and occupied same office with Nigeria Union of Journalist, NUJ, Radio Nigeria Chapel. topcourtnewsng.com is out to serve you with informative and educative News in the Judiciary sector. To put an end to the under reported activities of the sector among the three arms of government

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CRIME

Lekki Gardens Defies Court Order, Resumes Construction at Osborne

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Lekki Gardens Estate Ltd and Foreshore Waters Ltd have defied a court order which restrains them from constructing, developing, building or any similar activity in Osborne Foreshore Estate II, Ikoyi, Lagos.

Our Correspondent who visited the Estate this morning reports that Lekki Gardens was seen carrying out construction process thereby obstructing free flow of vehicular movement into the Estate.

An effort made to see a management staff of Lekki Gardens Estate Limited prove abortive as the supervisor on site refused to talk to the media and declined in giving out contact of their head for reaction over the development.

Meanwhile, the Residents Association gave out a letter to our Correspondent which the engineer on site rely on.

In the said letter on the letterhead of Lekki Gardens one project manager, Engineer Kayode Dawodu had instructed all contractors to immediately resume work.

Read Also: https://topcourtnewsng.com/court-stop-lekki-gardens-construction-in-osborne-foreshore-estate/

The letter reads:

“Dear Sirs,
IMMEDIATE RESUMPTION OF WORKS AT OSBORNE FORESHORE ESTATE 2

Above Subject Matter refers.
Kindly note that all contractors are to immediately resume to work by Friday, 23rd July, 2021

We apologize for any inconvenience this may have caused us all. However, we hope that we can fully mobilize to site to proceed at the same pace of work (or even better) than we had before the break.

Thank you all for your support and cooperation

Best Regards!

Engr. Kayode Dawodu
“Project Manager”

Justice Nicholas Oweibo of a Federal High Court in Lagos had restricted the two defendants/applicants from predicating on any approvals granted by the 4th Defendant, (Lagos State Physical Planning Permit Authority) pending the hearing and determination of the motion on notice for interlocutory injunction.

Justice Oweibo made the order following an application by the Registered Trustees of Osborne and Foreshore Residents Association through their counsel Mr Kemi Pinheiro SAN.

The order is the latest episode in the months long dispute between the residents and the association over, among others, alleged violation of the estate’s building plans.

Mr Pinheiro had argued in the suit marked FHC/L/CS/755/2021 that the defendants actions were against the policy of the estate as a residential territory.

The residents prayed the court to halt construction process on the properties situate at Block II Plot 2, Plot 7, Block 7, Plot 5,Block 6, Plot 17, Block 9, Plot 23, Block 9, Plot 17, Block 10, Plots 1A, 1B, 1C, Block 6, Plot 19, Block 6, Plot 12, Block 6, Plot 9A, Block 6, Plot 14, and Block 11, Plot 2.

Others are Signature One on Royal Palm Drive, Signature Two, Le Chateau, Insignia and Foreshore Towers on Acacia Road within the Estate or any other property currently being developed by the Respondents all within Osborne Foreshore Estate II.

He found merit in the application upon reading the affidavit in support of the motion exparte for interim injunction and exhibits attached, sworn to by the Admin Manager of the Osborne Foreshore Phase II, Mrs Ifeoma Maduakor

The defendants in the suit are National Environmental Standards and Regulations Enforcement Agency, Lekki Garden Estate Ltd, Foreshore Waters Ltd and Lagos State Physical Planning Permit Authority.

The defendant failed to appear before the court to defend their position on the last hearing and the judge adjourned till July 26 to appear before it and argues why the interim should not be made permanent.

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CRIME

Dismissed Policemen Sentence To Death Over Aiding Kidnapping

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Dismissed Policemen and others have been sentence to death by the Akwa Ibom State High Court sitting in Ikot Ekpene for kidnapping cattle dealer.

The condemned policemen are Corporals Friday Udo, and Saturday Okorie who have since been dismissed from the Nigeria Police.

Others condemned to death were Walter Udo, Ibiono Ibom and Udo Etim whose house was used to keep the victim hostage, while demanding N100m ransom.

They were sentenced to death for kidnapping an Uyo-based cattle dealer, one Alhaji Muhammed Umar Barkindo.

Also Read: https://topcourtnewsng.com/kidnappers-of-oba-iba-kingdom-gets-death-judgement/

The court presided over by Justice Eno Isangedighi held that the accused were guilty of the offence.

She said, “The prosecution has proved its case beyond reasonable doubts and found the accused guilty of conspiracy and kidnapping of Alhaji Muhammad Umar Barkindo on 25th November, 2011, an offence punishable by death in Section 1 subsection 2 of Akwa Ibom State Internal Security and Enforcement Law 2009”.

Justice Isangedighi prayed to God to have mercy upon the souls of the condemned kidnappers.

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CRIME

EndSARs Panel Admit Consent Judgment Over Land Encroachment

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The Lagos State Judicial Panel of Enquiry on Restitution for Victims of SARS and Other related Abuses has settled an eight years old matter between the Prince Adewanle Adewuyi and the Nigerian Police over an 26 acres of land.

Prince Adewuyi, a 76 years old man had told the panel through his lawyer Debo Adeleke how Police encroaches on his farmlands and demolished the structure without any court order to justify their actions.

He noted that all efforts to get justice and retrieve his land has been frustrated by the IGP and his officers.

However, the Chairman of the panel, the retired Justice Doris Okuwobi ordered the parties having agreed to the terms in the report of settlement to be bound by it.

The police as agreed in their terms of settlement that the the office of Surveyor-General of Lagos State to measure what is left of the Petitioner’s 26 Acres, draw and prepare a new Survey plan in the name of the Petitioner to reflect the present status of the land.

Since the Petitioner has also accepted to forgo the 6 (six) blocks of flat built by the police inside the Petitioner’s portion of land in the interest of peace.

The respondent to hand over the remaining part of the Petitioner’s land back to the petitioner.

Read Also: https://topcourtnewsng.com/n25-7-billion-bank-fraud-court-convicts-francis-atuche/

That further to the said understanding between the parties and in order to consummate the total resolution the matter, the Petitioner also agreed to concede to the Respondent tf 6 (six) blocks of flats which the Respondent inadvertently built on Petitioner’s land.

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