Justice Abimbola Awogboro of the Federal High Court in Lagos has restrained the Inspector-General of Police (IGP) and five others from encroaching on a plot of land belonging to a Chartered Accountant, Anthony Ogunlela.
Justice Awogboro specifically restrained the respondents in the suit, their agents, servants or assigns from doing anything whatsoever that will encroach on the applicant’s fundamental rights to gain access to his legitimate property, freedom of movement, personal liberty, fair hearing and freedom from unlawful persecution and/or prosecution, harassment, arrest and degrading treatment in terms of the reliefs sought in the accompanying statement of facts pending the hearing and determination of the originating motion”.
The judge gave the order after listening to the submission made by counsel to the chartered Accountant, Emmanuel Umoren.
The plaintiff in a motion ex-parte marked FHC/L/CS/1901/2021, had listed IGP, the Assistant Inspector-General of Police (Zone 2, Lagos); one DSP Friday; Supol Taofeek Olawunmi Olokode, Mr. Olatunji Kolawole a.ka. Bela Vista and Bela Vista Property Development Limited, as first to sixth respondents in the suit.
Justice Awogboro, however, ordered the applicant, Ogunlela, to file an undertaking to pay damages in case the order sought for ought not to be granted.
The judge has fixed January 6, 2022, for the hearing of the substantive suit.
Ogunlela in an affidavit attached to the motion ex-parte averred that he and his wife, Olayinka, on or about 1996 purchased a piece of land at Ikate-Elegushi, Lekki from the Elegushi Royal Family, sold through the Elegushi Property Investment Company Limited.
He claimed that the land is known as Plot 28, Block 10, Bakare Street, Ikate, Lekki, Lagos State, and caused it to be surveyed, got consent of the Governor of Lagos State in compliance with the provisions of the Land Use Act, 1978 and same was registered as No. 89/89/2124 at the Land Registry, Alausa, Ikeja, Lagos State. Annexed and marked Exhibit BC1 is a copy of the said registered document.
The chartered accountant stated that he has been in peaceful occupation of the land since he purchased it from his vendors as he built a fence in 2007 after he got approval from Lagos State government.