Lekki Gardens says OSFRA led by a SAN acted contemptuously of High Court Order

 

Admin l Wednesday, July 28, 2021

 

 

LAGOS, Nigeria – The management of Lekki Gardens Estate Limited has  accused Osborne Foreshore Residents Association(OSFRA), led by Olukemi Pinheiro (SAN) and its Board of Trustees of acting contemptuously of  a Lagos High Court order which ordered parties, Lekki Gardens and OSFRA to maintain status quo.

In a statement signed by its Executive Director, Emily Atebe and Chief Executive Officer, Richard Nyong, Lekki Gardens made it clear that  OSFRA and its executive embarked on Forum Shopping when it approached a Federal High Court, a court of coordinate jurisdiction on a matter before a Lagos State High Court.

“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.

“This is further buttressed by the maxim of equity which states that ‘when two equities are equal, the first in time shall prevail’.  In this instance, the Order of the High Court of Lagos State is first in time”,  Lekki Gardens said.

In respect of the ex parte order obtained by OSFRA,  from the Federal High Court, Lekki Gardens posited that the order was obtained without full disclosure of subsisting material facts to the court and that it was part of a desperate act by OSFRA to stop Lekki Gardens from continuing its legitimate business within the estate despite a valid and subsisting order on the same matter by the High Court of Lagos state.

While stating that Lekki Gardens had filed an application to set aside the order before the Federal High Court, it averred that “the position of the SUPREME COURT is clear on the subject matter of the ex parte application. The Supreme court in the case of  1. Group Danone & Anor V. Voltic (Nigeria) Limited (2008) LPELR-1341(SC and 2. INEC vs Oguebego (2018) 8 NWLR (Pt. 1620) 88. has decisively and conclusively held that the defendant to an ex parte order cannot be in breach or in contempt if he has filed an application to vacate or set the order aside.

“Our Company had promptly filed an application before the same Federal High Court judge to vacate the order obtained by OSFRA.

“Secondly, the Supreme Court in the case of The Attorney of Lagos State V. The Attorney General of the Federation & ORS (2003) nLPELR-620 (SC); (2003) 12 NWLR (Pf. 833) 1. makes it clear that the authority to issue necessary building approvals/permits, irrespective of whether the land in question is covered by a Federal Certificate of Occupancy is firmly vested in the state where the land is situated”,.

Lekki Gardens queried the rationale for counsel to OSFRA, a learned Silk, Olukemi Pinheiro (SAN) being privy to the valid and subsisting order of the Lagos High Court and who acted as Counsel to OSFRA in the matter before the Lagos High Court, for appearing before the Federal High Court on the same subject matter without revealing all material facts to the judge, to the effects that there is a subsisting order by the Lagos High Court, a court of coordinate jurisdiction, on the same matter.

“It is unfortunate that the spate of lies by OSFRA since they embarked on this vendetta has continued to the point of recklessness”, Lekki Garden said, adding that OSFRA falsely represented to the press that it was absent from court at the first hearing after the Federal High Court Order even when it was present in court.

“The records are there for verification that the judge, Honorable Justice I. N. Oweibo pleaded that he would be unable to attend to the matter for personal reasons, in spite of the fact that he made the interim order and set the date we were meant to appear before him for the motion on notice”, the statement explained.

Lekki Gardens asserted that it remains a peaceful and law-abiding organization committed to the development of the state and nation at large.

“It is however critical that we put things in proper perspective and keep the general public informed of the lengths OSFRA would go in its incessant aggression and disregard for legally constituted authority all in a bid to frustrate our business in a baseless vendetta that has gone too far and for too long”, management of Lekki Gardens said, adding that it remain committed to upholding the tenets of the rule of law  as it goes about its legitimate business