Admin l Friday, July 30, 2021
LAGOS, Nigeria – The CEO of Lekki Gardens Estate Limited, Richard Nyong may be sent to prison, if the prayers of the Registered Trustees of Osborne and Foreshore Residents Association (OSFRA) sails through at the Federal High Court, Lagos.
Registered Trustees of (OSFRA), Ikoyi have filed an application urging the Court, to commitMr. Nyong to prison. The Association, in the application also urged the court to jail the Project Manager of Lekki Gardens, Engineer Kehinde Dawodu, for allegedly flouting the order of the court ordering them to stop work.
Justice Nicholas Oweibo had on July 9, 2021 granted an interim order restraining Lekki Gardens Estate Ltd and Foreshore Waters Ltd from carrying out any further construction, development or building activities in Osborne Foreshore Estate II, Ikoyi, Lagos. But in an affidavit attached to the application, the residents claimed that the two alleged contemnors in total disregard for the order of the court continued to work on the site.
The residents also urged the court for an order cordoning off the estate of Nyong and Engineer Dawodu, known and situate at, Signature One on Royal Palm Drive; Signature two, Le Chateau, Insigma and Foreshore Towers on Acacia road, within the Estate in disobedience to the order of the court.
They asked the court for an order directing the Assistant Inspector-General of Police, Zone 2 Command, through his officers, to immediately arrest, detain and produce before the Court, any contractors and or workers, save security personnel, found on the properties being developed by both Mr. Nyong and Engineer Dawodu within the Estate or any other property currently being developed by the Respondents within Osborne Foreshore Estate II, Ikoyi, Lagos.
Listed as respondents alongside Nyong and Engineer Dawodu in the suit are National Environmental Standard and Regulations Enforcement Agency; Lekki Gardens Estate Limited; Foreshore Waters Limited; Lagos State Physical Permit Authority.
The plaintiffs in an affidavit deposed to by an Admin Manager Osborne Foreshore Phase II Residents’ Association, Ifeoma Maduakor alleged that on July 9, 2021 Justice Oweibo, granted an interim orders restraining Lekki Gardens Estate Limited and Foreshore Waters Limited from further developments on their sites within the Estate, pending the hearing and determination of the motion on notice for interlocutory injunction.
The deponent stated that the interim orders, together with the originating summons in this suit and the motion on notice for interlocutory injunction were duly served on Lekki Gardens Limited and Foreshore Waters Limited, on July 12, 2021, and duly acknowledged by the respondents.
The deponents however stated that nevertheless and without regard to the proceedings of the court, Engr. Kehinde Dawodu the Project Manager, acting on the instruction and directive of Richard Nyong, the Managing Director and Alter ego of Lekki Gardens Limited and Foreshore Waters Limited, by a letter dated July 22, 2021, headed, “IMMEDIATE RESUMPTION OF WORKS AT OSBORNE FORESHORE ESTATE 2” addressed to all the contractors and workers of Lekki Gardens Limited and Foreshore Waters Limited, directed all the said contractors and workers to return to their sites within the Estate from July 23, 2021, to continue the developments, which the Court had earlier ordered to stop.
Sequel to the defiant counter directive issued, officers of the Lekki Gardens Limited and Foreshore Waters Limited together with their contractors and workers, in company of some policemen stormed the Estate with heavy duty trucks and proceeded to the sites within the Estate to continue developments and construction works.
The deponent further stated that the court is empowered to defend its authority and sanctity by invoking its coercive powers to discipline respondents for contempt. However, at the resumed hearing of the suit, the respondents Counsel, Mr. Tola Oshobi (SAN), challenged the interim order issued by the court.
He said that there is a subsisting order by the High court of Lagos State, ordering parties to maintain status quo, adding that it is an abuse of court process, to scuttle a pending valid court order.
According to him, under the Constitution of the Federal Republic of Nigeria, the High Court of Lagos State that issued the order to maintain the status quo on July 1, 2020 and the Federal High Court that was subsequently approached by OSFRA are courts of coordinate jurisdiction; so the Federal High Court order does not and cannot stand superior to the valid and subsisting order of the High Court of Lagos State. Consequently, Justice Oweibo, after listening to the arguments canvassed by the two parties adjourned till August 10, for ruling.
