Court Restrains Lagos Attorney General, Kosofe LGA, Others From Tam
Justice L.A.F Oluyemi of a Lagos State High Court sitting in keja, 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 Lagos, pending the determination of a Motion on Notice ongoing before the court.
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 in it’s directive also granted 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 under 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.
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.
Before 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 active 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.
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.
