Admiral Festus Porbeni (rtd) has accused the Lagos State government of demolishing his property located at B20, Wole Olateju Crescent, off Admiralty Way, Lekki Phase 1 in Eti-Osa local government area despite a court order restraining the state from allocating any portion of a property
Justice David Osiagor of the Federal High Court in Lagos had on October 18, 2021, in a suit filed by, Admiralty Fleet Limited (BICS Garden), and Admiral Porbeni (Rtd), restrained the attorney-general of Lagos State, and the Lagos State special task force unit (defendants) from allocating any portion of the parcel of land, building, and appurtenances or enter into the disputed property pending the hearing of the substantive suit.
The plaintiffs had through their counsel, Adetunji Oyeyipo (SAN) had in a motion on notice for interlocutory injunction urged the court to restrain the defendants from entering into the disputed property pending the hearing of the substantive suit.
Justice Osiagor in his order restrained the first and third defendants from entering into the said property to forcefully remove the plaintiff or any of the plaintiff’s equipment, machinery, structures, and boats pending the hearing and determination of the suit.
The judge also refused the request of the first and third defendants to consolidate the applicants’ Motion on Notice with the preliminary objection filed by the defendants stressing that the preliminary objection was not ripe for hearing.
But the plaintiff alleged that the Lagos State government in defiance of the court order allegedly invaded the premises and demolished the property and damaged some equipment.
An affidavit in support of the Motion on Notice stated that sometime in 1987, Admiral Porbeni (second applicant), acquired the disputed land measuring 1996.86 square metres from the Lagos state government and was granted a Certificate of Occupancy dated December 3, 1987, and registered as No 88 at Page 99 in Vol. 1987E at the Lagos state Land Registry Office, Ikeja.