By Editor

*Orders Lagos Govt To Vacate Premises Of Admiralty Fleet Ltd Pending Determination Of Substantive Suit *Directs Compliance Within 7 Days

Justice Daniel Osiagor of the Federal High Court sitting in Lagos, has warned that disobedience to court orders is a recipe for lawlessness and chaos, stressing that such conduct erodes confidence in the system and failure to check it will breed anarchy.

Miffed by the seeming disregard for his order made on October 18, 2021, Justice Osiagor gave the Attorney-General and Commissioner for Justice, Lagos State, and the Lagos State Special Task Force seven days ultimatum to comply with the restraining order he issued in suit number FHC/L/CS/1384/21 filed by Admiralty Fleet Limited (BICS Garden), and Admiral Festus Porbeni (rtd), against the Attorney General, Lagos State; National Inland Waterways Authority; and the Chairman, Lagos State Special Task Force.

The court had on October 18, 2021, restrained the Attorney-General of Lagos State, and the Lagos State Special Task Force Unit (1st and 3rd defendants) from allocating any portion of a property located at B20, Wole Olateju Crescent, off Admiralty Way, Lekki Phase 1 in Eti-Osa Local Government Area pending the hearing of the substantive suit.

However, Lagos State Government appealed against the order and followed up by allegedly re-deploying the Lagos State Task Force and police officers unto the site in breach of the order of injunction.

They allegedly brought a bulldozer onto the site at about 4am on October 20, 2021, and under the cover of darkness, demolished structures on the site with the Lagos State Task Force policemen providing protection for those flouting the injunction.

Amazed by the conduct of the first and third defendants, the claimants commenced contempt proceedings against the Attorney General of Lagos State.

At the resumed hearing of the suit, Adebayo Haroun, counsel to 1st & 3rd defendants, informed the court that the Attorney-General, Lagos State had written a petition to the Chief Judge of the Federal High Court complaining that they had no confidence in the judge.

But Counsel to the claimants, Messrs. Adetunji Oyeyipo, SAN alongside, Abiodun Olatunji, SAN and Counsel to NIWA (2nd defendants) Adejare Kembi told the court that they were surprised at the turn of events and complained that the Attorney-General did not deem it fit to effect service of the said petition on them.

Justice Osiagor then requested a copy of the petition, as he had also not been served a copy.

After a perusal of the petition, the judge expressed his intention to await the administrative outcome of the petition but insisted that in the meantime, his order of October 18, 2021, must be fully obeyed until set aside, adding that the integrity of the judiciary must be protected.

The Judge also issued a 7 days ultimatum to LASG to comply with the order and vacate the premises or the court may be forced to issue a further order removing any person from the disputed property.

The judge decried disobedience to the court order by the first and third defendants warning that such conduct erodes confidence in the system and that failure to check such acts will breed lawlessness.

The court noted that LASG had been duly served with the contempt proceedings and that they had had enough time to comply with the court order.

Responding, the Counsel to LASG, Mr. Adebayo Haroun told the court that he will investigate to see if his clients were on the property.

Also, the lawyer representing a third party interest, Mr. Nwanbueze also said he would investigate to see if his client, Prince Donatus Okonkwo, or his agents were on the property.

Consequently, the judge adjourned the matter till November 12, 2021, for report of compliance while he awaits the administrative decision of the Chief Judge of the Federal High Court.

The plaintiffs had in their statement of claim stated that on December 4, 2008, the second applicant applied to the National Inland Waterways Authority for permits to construct a jetty and boat club at Plot 6 BLK A15 off Admiralty Way, Lekki Lagos, which was approved.

They stated that on September 30, 2021, men and officers of the Lagos State Task Force without any prior notice or any valid court order forcefully entered the disputed premises and began marking its equipment, machinery, structures, and boats for removal within 48 hours.

They urged the court to declare the forceful entry and invasion of the 1st applicant’s premises to amount to trespass and a breach of the applicant’s fundamental right to own immovable property anywhere in Nigeria guaranteed by Section 43 of the Constitution.

But, the Attorney-General of Lagos State and the Lagos State Task Force in their Notice of preliminary objection challenged the jurisdiction of the court to entertain the suit arguing that the subject matter of this action is not one of the specific matters listed in Section 251 of the 1999 Constitution (As Amended) that the court is conferred with jurisdiction to entertain.

Nigerians Urged to Back INEC’s Use of Technology in Spite of Glitches

Three Civil Society Organisations (CSOs) have urged Nigerians to continue to support the Independent National Electoral Commission (INEC) in its use of technology for elections.

The CSOs, who monitored the elections in Anambra, gave the advice against the backdrop of the challenges witnessed in Saturday’s Anambra governorship election.

They stated this in a joint statement they issued in Abuja yesterday and signed by the Executive Director, Adopt A Goal, Dare Atoye; Chief Executive Officer of YSAD, Obinna Nwagbara; and the Executive Director, EaglePost, Dodoh Okafor.

Notwithstanding the glitches recorded in the use of the Bimodal Voter Accreditation System (BVAS) by INEC in the just concluded Anambra governorship poll, there was no alternative to the use of technology in elections, they said.

The organisations expressed optimism that the teething challenges could be overcome in future elections as Nigeria prepares for the 2023 general elections.

“As partners on electoral governance, we note with great displeasure that despite weeks of preparations and commitments in terms of human and financial resources, the BVAS did not yield the optimal outcome leading to the extension of voting in several places and the disenfranchisement of others.

“While we insist that INEC ought to have sorted out these knotty issues before today’s exercise, our team would like to keep hope alive by believing that these teething challenges can be overcome as we prepare for the general election in 2023.

“We would like to encourage all Nigerians to throw their weight behind INEC to overcome these challenges as we work to move away from the old, fraudulent system of voting and recruiting leaders.

“While we concede to the people the right to be exasperated by what happened in several polling units today, we would caution against throwing away the baby with the bath water.

“Electronic accreditation and transmission of results are the way to go if we are to restore hope in our elections.

“We must never move away from these critical objectives because of the challenges witnessed in the Anambra Decides 2021”, the CSOs added.

The CSOs said that they expect INEC, after Anambra election, to sit down with its IT and operational teams and other stakeholders to study the whole events of the election and find out what needs to be fixed to get things right ahead of the general election in 2023.

They also advised INEC to institutionalise the training and retraining of poll workers/volunteers and have them pooled in its reserves nationwide.

“We are also urging INEC to partner with commissions overseeing tertiary institutions to introduce compulsory introductory general academic courses on electoral matters and technology for final year students.

“This electoral civic engagement and knowledge should also be extended to NYSC orientation camps, where practical use of election devices will be learned”, they said

The organisations appreciated all voters in Anambra, who demonstrated great faith in democracy, and came out to exercise their franchise despite earlier uncertainties and apprehension.

“Words of commendation are also due to the political parties and their supporters for their peaceful conduct during the poll and for incorporating significantly with the provisions of the Electoral Act.

“In the same vein, we would like to congratulate the traditional and community leaders and all those who helped in mobilising voters and ensuring that today’s exercise was largely peaceful in most of the polling units.

“We would not be deluded into thinking or suggesting that the entire exercise was anything close to the ideal.

“However, it gladdens us to watch video reports of voters rejecting bribes for their ballots, aged men and women lining up to vote and the young patiently waiting to exercise their franchise.

“The Anambra election is another proof that although our democracy may be challenged, it is far from being a lost cause.

“ It is our conviction that by keeping faith with the democratic experiment, one day we would get it right to the point where voting and participating in the whole ecosystem of the electoral process would become routine engagements unlike what we have presently”, the CSOs’ statement further said.

The CSOs expressed their faith in democracy, the emergence of a new Nigeria through the democratic process and the expansion of the electoral field to increase broader participation of eligible citizens and improve outcomes.

“Once again, we commend all who, in one way or the other, who contributed to the modest success recorded in Anambra so far, even as we urge vigilance from all and sundry until the process is logically concluded”, they said.

The CSOs urged whoever emerged winner from the election to be magnanimous in victory and the runners-up to cooperate with the outcome adding, ”We encourage anyone not satisfied with the outcome to peacefully pursue the path of litigation at the election petition tribunal,” the statement added.