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Court Restrains Parties From Tampering With Controversial Mile 12 Market

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The High Court of Lagos State, Ikeja, has issued an order of interim injunction, restraining Kosofe Local Government; Ikosi/Isheri Local Council Development Area; Dr. Chris Onyekachi; Total Value Integrated Services Limited; Attorney General and Commissioner for Justice, Lagos State; and Ministry of Physical Planning and Urban Development from entering or forcefully taking over the land known as Alaba Section of Mile 12 Market, Kosofe area, pending the determination of a Motion on Notice already before it.

The Motion on Notice was initiated by the claimants/applicants namely; Incorporated Trustees of Orirere Community Leaders and Traders Association, Yeye Precious Modupe Ojo, Alhaji Akinwale Jimoh, and Babatunde Adetula (suing for themselves and on behalf of the traders from the Alaba section of Mile 12 market).

The court presided over by Justice (Mrs.) L.A.F Oluyemi also gave an order of interim injunction restraining the defendants/respondents by themselves, their agents, servants, privies, and/or any other person howsoever described from demolishing or forcefully taking over the land known as Alaba Section of Mile 12 Market, Kosofe, Lagos, pending the determination of the Motion on Notice.

Also given by the judge in the suit designated ID/6464GCMW/2022, and brought pursuant to Order 42 Rules 1 and 4 and Order 43 of the High Court of Lagos State (Civil Procedure) Rules, 2019, Section 1 of the Preemptive Remedies Section of the Practice Direction, No 2 of 2019, and under Section 34, Section 36 and Section 43 of the Constitution of the Federal Republic of Nigeria, is an order of interim injunction restraining the defendants/respondents by themselves, their agents, servants, privies, and/or any other person howsoever described from building on the land known as Alaba Section of Mile 12 Market, Kosofe Lagos, pending the determination of the Motion on Notice.

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Justice Oluyemi on January 11, 2023, further made an order of interim injunction restraining the defendants/respondents by themselves, their agents, servants, privies, and/or any other person howsoever described from letting out the land known as Alaba Section of Mile 12 Market, Kosofe Lagos, pending the determination of the Motion on Notice.

Prior to the injunction order, It was learned that on the 18th of December 2022, the respondents continued with the demolition of the said Market, despite service of court processes and prior agreement by all parties in the office of the Commissioner of Police, Lagos State, held on 17th December 2022 to stay action till the Meeting fixed for the 19th December 2022.

On the 19th day of December, the second meeting was held. All parties who attended the previous meeting also attended this one.

However, In this meeting, Counsel to the applicant, M.G. QUADRI Esq of G.kolawole Quadri & Co was refused entry and chased out by Princess Samiat Abolanle Bada (The Chairman of the Ikosi-Isheri Local Council Development Area).

The Respondents orally promised the Applicants to begin some sort of resolution process and to stop the further destruction of the Market.

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But despite the promises given, the destruction of properties and assault on helpless traders by heavily armed thugs has not stopped, it has only increased exponentially.

From the time the motion on Notice was filed up until now, more parts of the Alaba Section of the Mile 12 Market have been destroyed and demolished.

Traders have been forced away from their shops and thugs have been patrolling the area, assaulting anyone that comes close.

The matter has been adjourned to the 19th of January 2023.

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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 Chairman of the National Association of Judicial Correspondent, NAJUC, Ikeja Branch and he is the Vice Chairman of 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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Market Demolition: Court Threatens Lagos AG, Kosofe LG Chairman Over Contempt

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A Lagos High Court sitting in Ikeja, has warned the state government and others against their defiant to a valid court order stopping them from further action on demolition of 795 shops in Alaba section of Mile 12 market.

Justice Lateefat Atinuke Oluyemi had on January 11, 2023 ordered parties in the suit filed by the Incorporated Trustees of Orirere Commodity Leaders and Traders Association to maintain status quo ante, restraining respondents from further action on the land.

The plaintiff aside Incorporated Trustees of Orirere Commodity Leaders and Traders Association are: Yeye Precious Modupe Ojo, Alhaji Akinwale Jimoh and Babatunde Adetula instituted the suit against the Lagos State government.

The defendants in the suit are Kosofe Local Government/Ikosi Isheri Local Council Development Area, Dr. Chris Onyekachi; Total Value Integrated Services Limited, Attorney General and Commissioner for Justice,

Lagos State Ministry of Physical Planning and Urban Development as first to fifth respondents respectively.

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However, at the resumed hearing, Mr. Gbolahan Quadri informed the court that, despite the subsisting order, the respondents were still constructing on the land known has Alaba Section, Mile 12 Market, Ikosi-Isheri.

His submission made Justice Oluyemi give a very strong warnings to the respondents to desist from disobeying court order, while threatening to commit anyone who violates the courts order to prison.

A lawyer who appeared for respondent prayed the court to give them time to file necessary applications and their response to the suit.

The judge subsequently adjourned to March 30, 2023 to enable the defence to file necessary applications.

Meanwhile, the traders and owners of 795 demolished shops throngs court in hundreds, protesting against the Lagos State government and it’s agent alleged flouting an order of court restraining them from further demolition.

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They alleged that three traders have died in less than one week, following the decision of the Lagos State Government to intensify demolition of the shops.

Speaking with the newsmen after the proceedings at the high court premises, the market leader, Yeye Modupe Ojo said three traders, Mujidat Suleiman, Adejoke Olawole and Ademola died as a result of shock, noted that the deceased children are with them in the struggle.

Ojo disclosed that, last year October 26, 2022, a notice of contravention was pasted, notifying them that the Lagos State Government will commenced demolition, two days after the notice.

She said they approached the court for justice when the Iyaloja General of Lagos State, Mrs. Iyabo Ojo refused to plead on their behalf but urged them to collect forms and make payment for the new structure.

“Now, am in court to seek justice for these poor people, despite the interim injunction, they are working there with over 200 thugs and policemen.”

She added that the traders want the govt to stop demolition. “We should sit on round table to talk and compensate our people. We welcome innovation, we don’t want war.”

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Also speaking, a leader in the electronic section, Mr. Titus Ezeugo, a 70 year-old man, said the land was allocated to them by the Lagos State Government and that they developed the market with their personal money.

He said they have documents of allocation with receipt of payment, adding that the Lagos state government should tell them what type of structure they want now and they will restructure to that effect.

According to him, the market was not built by government but by private developers.

He said that since the market was built, the traders have been making payment to government and that some of those who collected loans have not been able to offset the loans.

Ezeugo further said the market was approved by the Lagos State Government. He said what will he and his family live on now that he is at retirement age and he is calling for justice.

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Court Restrain UPDC Plc From Acting Over a Disputed Land

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Justice Olufunke Sule-Amzat of a Lagos High Court sitting in Yaba has ordered a firm, UPDC Plc to maintain status quo in a suit filed against him by Oluwafemi Ayodele over the portion of the land area covered by the piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos.

The court order of staying action on the land was sequel to an application filed before the court by claimant counsel, Mr. Gboyega Oyewole (SAN), asked the court for a restraining order on the land pending hearing and the determination of the suit.

The senior silk, Oyewole in an originating summons brought pursuant to section 272(1) of the 1999 Constitution of the Federal Republic of Nigeria (As amended) and under Order 5 Rule 5 of the High Court of Lagos State (Civil Procedure) Rules, 2019.

He prayed the court to determine whether the claimant is entitled to specific performance of the valid and subsisting contract between the and the defendant for the purchase of the parcel of land measuring 1000 Square Metres representing the portion of the entire land area covered by the piles, along Bishop Aboyade Cole Street, Victoria Island, Lagos.

He also prayed to the court for a declaration that the contract duly executed by the claimant and the defendant based on the offer letter dated 28″ September 202.2, 15 valid and subsisting having regard to the acceptance of same and payment of consideration.

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While ruling on the application after Oyewole’s submission, Justice Sule- Amzat order the parties to maintain the status quo.

The judge said that she has listened to the learned silk, Oyewole (SAN) praying the Court for a preservative order to maintain status quo in order to forestall the dissipation of the res.

” I have taken cognizance of the fact that the preservation of the res would serve the better end of justice. I am also mindful that there is a need to hear the other side and prevent breakdown of law and order, parties in this suit are hereby ordered to maintain status quo pending the hearing and determination of this suit.”

She also ordered that hearing notice to issue, copy of same and affidavit of service of same be put in the court file before the next adjourned date.

The judge subsequently adjourned the case to February 7, 2023 for further proceedings.

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Oil Marketer, Julian Ndubueze Ezeji, Convicted Over Oil Fraud

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A Lagos State High Court sitting in Ikeja has convicted and sentenced the Managing Director of an oil company, Julian Ndubueze Ezeji and his company, Initial Energy Service Limited, Julian Ndubueze Ezeji to 20 months imprisonment over fraud.

Justice Raliat Adebiyi convicted defendant and the company of the 14 counts charge filed against her by the Economic and Financial Crimes Commission, EFCC.

EFFC had arraigned the defendants for dishonestly converted to their personal use, several sums of monies property of one Onyeka Okoye and Chikatina Petroleum Nigeria Limited being payment for 574,000 litres of Automative Gas Oil (AGO).

Their offence is contrary to section 285(1) of the Criminal Law of Lagos State 2011.

The defendants pleaded not guilty to the 14 counts charge when they were arraigned on March 4, 2016.

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During the trial, the prosecution called four witnesses while the first defendant testified for the defence.

However, while delivering judgement, Justice Adebiyi held that the prosecution proved the case against her and the company beyond reasonable doubt.

The court held that, “defendants converted to their own use, the various cost of the AGO supplied directly and indirectly to them by the complainant in the 14 count charge with intention to permanently deprive the nominal complainant of the sum of #81,250,000.00.”

The court held that defendants falsely misled the complainant by promising to pay back from sources which did not exist from the evidence produced by the prosecution.

The court finds the level of culpability of the 1st defendant to be high as he played a major role in the offence, also the amount of money involved in the offence was high. ” The harm caused by the defendants was substantial as the offence lead to the foreclosure of the loan of the nominal complaint and ultimately to the death of his wife.

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“The court in applying the totality principle taking into account the severity of the offence, the aggravating and mitigating factors, shall pursuant to its powers as stipulated in Section 316 of the Administration of Criminal Justice Law (Repeal and Re-enactment Law 2015) impose a fine on both defendants for all the 14 counts to run concurrently pursuant to the provision of Section 316 (2) of the ACJL, 2015.”

Justice Adebiyi imposed a fine of N5 million against the 1st defendant for all 14 counts, she ordered that default of payment shall attract a term of imprisonment not to exceed 10 months.

“The 2nd defendant, company is hereby also ordered to pay a fine in the sum of N2 million within three months hereof, failing which the Chairman of the Corporate Affairs Commission shall be served a copy of this Order to strike out the name of the Company from the Nigerian Company’s Register.

“The defendants shall make restitution to the nominal complainants; Chikatina Petroleum Limited in the sum of N10 Million within three months, failing which it will attract a term of imprisonment not exceeding seven months”.

Justice Adebiyi also ordered that the defendant shall be remanded in custody pending the payments of the fines.

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