Admin l Wednesday, May 10, 2017
IKOYI, Lagos, Nigeria – A Magistrate’s Court in Lagos has ordered the Nigeria Police to arrest a Lagos based businessman, Felix Ezeamama and bring him to court.
Chief Magistrate, O.O. Oshin (Mrs) gave the order sequel to a complaint alleging that Ezeamama masterminded the damage of a property situated at number 41 Alfred Rewane Road, Ikoyi Lagos.
The complainant Alhaja Halima Abubakar had alleged that Ezeamama on Saturday May 6, 2017 deployed over 30 thugs to destroy the property. The warrant of arrest dated May 9, 2917 ordered the police to bring the defendant to court to answer the charge of malicious damaged filed against him.
The complainant further alleged that the hoodlums also vowed to kll her if she did not voluntarily surrender the property. The warrants states “following complaint made that you Felix Ezeamama on May 6, 2917 maliciously damaged a property situated at Number 41 Alfred Rewane Road, Ikoyi, Lagos.
” The defendant (Ezeamama) was thereupon summoned to appear before the Magistrate’s Court, in the Lagos Magisterial District at 1200hrs to answer the said charge. Oath has been taken that the defendant was duly served with the summons but did not appear. You are therefore hereby commanded to bring the defendant before the magistrate court to answer the said complaint and be further dealt with according to law”
The complainant had alleged that the invaders forcefully entered her rooms and seriously injured her, her 91 years old mother and her daughter.
She also allged that they carted away her belongings which includes £7000, 5000 USD and N5 million as well as jewelries. She stated that some of the hoodlums came in army uniform and threatened to kill her and nothing will happen.
Explaining how the issue stated, Mrs. Abubakar said ” I am a retired civil servants and I retired as a principal accountant after 35 years of service.
The property in dispute was allocated to me by the Federal government. Problem started when I refused to sell my two flats a property developer, Felix Ezeamama.
“I have been living here for more than 40 years along with other retired civil servants. While others sold their houses to Ezeamama, I refused to sell mine but he insisted that he must buy them. According to her the attack was masterminded by Ezeamama one of the defendants in suit No-LD/2036/3016, and that he was physically present during the attack.
She stated that the dispute over the property was already a subject of litigation before Justice Wasiu Animahun of the Lagos high Court. Justice Animahun had on April 26 after the Case Management Conference (CMC) ordered parties to maintain status quo and return the case file to the Admin judge to be reassigned for trial. In the suit filed by her lawyer, Carlos Mbaka against Web Towers Limited, Felix Ezeamama and the Registrar of Titles Federal Land Regisry, the claimant stated that sometimes in 1992, the Federal Ministry of Works and Housing by a letter dated June 10, 1992 with ref No-HMW/41026/SAII/06/VOL1/3837 allocated to her flats 1&2 of Block A, 41 Kingsway Road Ikoyi.
The claimant averred that when the federal government decided to divest in all buildings and lands in Lagos including the property at 41 Kingsway Road Ikoyi, she and other sitting tenants engaged the federal government in discussions/negotiations to have it rescind its proposed redevelopment or alternately make a replacement for them.
Consequently, the federal government gave the sitting tenants who were civil servants the first option to purchase the property in which they reside. She added that while negotiations between the Federal Government Implementation Committee and the sitting tenants were ongoing, the 2nd defendant (Ezeamama) approached her and other tenants to use his experience in property business to interface with the government on their behalf.
The claimant stated that upon the tenants’ consent to allow the 1st and 2nd defendants to engage the government, the 2nd defendant expressed his intention to purchase each flat at the cost of N7 million which was accepted by the tenants. The claimant added that the 1st & 2nd defendants renaged on the agreement adding that rather than pay 14 million for her two flats offered to pay N7million which was rejected.
She prayed the court for a declaration that she should remain in possession as the owner of block A, Flat 1&2 at 41 Kingsway Road Ikoyi.
The claimant also asked the court for declaration that she cannot be compelled to sell her interest to the defendants or anyone acting for them.
She also urged the court to declare that the purported Acceptance Form being paraded by the first and second defendants was obtained by fraud and was forged.
Consequently, the claimant prayed for an order restraining the 3rd defendant (Registrar of Titles Federal Land Regisry) from registering the entire property in the name of the 1st and 2nd defendants and that the property should be resurveyed in such a way as to delineate her interest in Block A Flat 1&2.
The claimant also sought for a perpetual injunction restriaing the defendants their agents and any other person from trespassing on the land. But, the defendants in their statement of defence & counter claim filed by their lawyer, C O Ejezie acknowledged that they offered to purchase each flat at the cost of N7 million as full and final payment and the money was paid to each of the tenants including the claimant.
The defendants added that the Deed of Assignment stated that a compensatory fee of N98 million would be paid by the first defendant to the 14 assignors inclusive the claimant and by arithmetic that leaves each tenant with the sum of N7 million.
