Otodo Gbame’s demolition: Court says immunity prevents Ambode’s trial for contempt

A Lagos State High Court sitting in Igbosere on Wednesday declined the committal to prison of the Lagos State Governor, Akinwunmi Ambode, for alleged contempt of court.
Justice Adeniyi Onigbanjo took this position while ruling in an application brought by the displaced residents of Otodo Gbame Community seeking a declaration that the governor disrespected and violated the court’s orders.
Onigbanjo ruled that the governor had immunity from prosecution and that the court lacked the jurisdiction to entertain the application against him.
The other respondents in the case are the State Police Commissioner,  Fatai Owoseni, the State Attorney-General, Kazeem Adeniji, and the Commissioner for Physical Planning and Urban Development.
The judge, however, said that other respondents could also not be held liable for contempt since it was the claimant’s argument that the other respondents acted on the orders of and direct supervision of the governor.
The judge noted that it was settled law that committal proceedings were criminal/quasi-criminal which could lead to imprisonment of the alleged contemnors if found guilty.
“I would observe that reprehensible as the actions complained about in this application are, the court lacks jurisdiction to entertain this committal proceedings against the third respondent (the governor).
“Also, by implication, the other respondents by virtue of the immunity afforded the third respondent by Section 308 of the Constitution,” Onigbanjo said.
The judge expressed dissatisfaction with the governor’s disregard of court orders by demolishing the waterfront community.
He said that the demolition was after a court order had been given for status quo to be maintained by both parties pending the outcome of the final judgment.
“It is clear from the affidavit, evidence adduced by the applicant that the third respondent ordered the actions complained about in flagrant disobedience of the above stated directives of this court.
“It must be followed that the other respondents in this suit cannot really be said to be in contempt of this court or to be said to have caused the actions complained about,” Onigbanjo ruled.
Thirty three applicants had sued on behalf of themselves and other residents of the demolished waterfront settlement.
The applicants had applied for the order of committal following their claims that the respondents breached an order of the court which was given on Nov. 7 and Nov. 16, 2016.
They said the court’s order had enjoined the respondents to maintain status quo by not demolishing their “homes, business premises, properties or communities.” till the final determination of the main case.
The case was adjourned until April 25 for judgement.