A Lagos High Court is set to decide whether renowned National Security Strategist and Armament Expert, Dr Olumide Wole-Madariola, can appeal a ruling that favoured the United Bank of Africa Plc (UBA) in a property dispute.

Wole-Madariola, a former President of the Nigeria Shooting Federation and Defence Strategy scholar is seeking permission to appeal a December 3, 2024 order that reversed the eviction of UBA from his property in Lagos.

The dispute stems from a previous judgment by Magistrate L.O. Kazeem, which granted Wole-Madariola possession of his property and ordered UBA Plc to vacate the premises due to years of unpaid rent.

However, UBA appealed the Magistrate Court’s decision to the High Court, where Justice Olalekan Oresanya issued an order to stay the eviction and return the property to its original state.

Dissatisfied with this ruling, Wole-Madariola filed a motion seeking leave to appeal the High Court’s decision.

Magistrate Kazeem had in its judgment, held: “The claimant’s claims against the defendant’s possession of the office space at Awaye House and mesne profit at the rate of N437,500 per month from July 14, 2022, till possession is given up succeeded.”

He also held that the Tenancy Law of Lagos State is clear on how to get possession of any demised property.

He declared that “it is trite that proper issuance and service of relevant statutory notices entitles any claimant of a demised property to an order of possession.

“The claimant has been able to prove his claim as to order for possession, and I so hold.

“Accordingly, the claimant is entitled to the possession from the defendant of the office space….The defendant is to vacate the office space.”

He ordered the bank to pay the claimant mesne profit at the rate of N437,500 per month from July 14, 2022, until possession is given up.

On August 16, 2024, the execution was carried out by the Sherrif Department of the High Court of Lagos State and UBA was evicted from the property with all their belongings.

Dissatisfied with the judgement of the lower court, UBA filed an appeal in the suit marked LD/8462GCM/2024 at the High Court, wherein it asked Justice Oresanya to set aside the judgment and execution.

The bank filed a motion against Wole-Madariola and Assistant Chief Registrar (ACR), Deputy Sheriff Department, Sheriff Department High Court of Lagos State as first and second respondents, respectively.

On December 3, Justice Oresanya in a ruling, held that the dictates of justice are in favour of granting the applicant’s motion seeking to set aside “the wrongful execution of the judgment of the lower court by the second respondent.”

He insisted that the application was meritorious and succeeded accordingly.

He ordered that the “wrongful execution of the judgment of the lower court delivered on April 30, 2024 in suit No. MCA/3099/2022 is hereby set aside.

He added: “The second respondent shall stay the execution or further execution of the said judgment delivered by the lower court pending the determination of the applicant’s motion seeking leave to appeal and stay of execution in suit No. LD/5855/MJR/2024 pending before this court.”

The judge further ordered that all parties in the suit shall return to status quo ante bellum regarding the subject matter of the suit pending the determination of the applicant’s motion for leave to appeal and stay of execution.

Wole-Madariola, through his counsel, Chief Richard Ahonaruogho (SAN), in his motion on notice dated December 16, 2024, asked the court to grant him leave to seek to challenge the ruling at the appellate court.

The senior lawyer’s motion on notice was brought under Sections 6(6)(A) and 36 of the 1999 Constitution of Nigeria (as amended): Order 43 Rule 1 & Order 58 Rule 1 of the High Court of Lagos State (Civil Procedure) Rules, 2019.

The plaintiff is also seeking an order of the court granting leave to the applicant to file his notice and grounds of appeal against the ruling, orders of the court delivered on December 3, 2024.

After Justice Oresanya had listened to the motion exparte brought by the bank to stop the respondent from fencing the property, Chief Ahonaruogho (SAN) told the court that his client is a law-abiding citizen who follows the rule of law.Justice Oresanya told the parties that the court would deliver its ruling on January 9, 2025.

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