Court Fixes June 21 For Ruling On Otodo Gbame Demolition
Justice Surajudeen Onigbanjo of the Lagos State High Court in Igbosere will on June 21 deliver ruling on a preliminary objection filed by the Lagos State government against a suit instituted by residents of some waterfront communities in the state.
Justice Onigbanjo after listening to arguments from lawyers to the two parties also held that he would deliver judgment on the main suit if the court finds that it has jurisdiction to hear the suit.
The case was filed last year by 33 applicants suing on behalf of themselves and other residents of settlements including Otodo Gbame, Tomaro, Otumara, Orisunmibare, Oko Agbon, Itun Atan, Sogunro, the Ikorodu communities of Ofin, Bayeku, Olufunke Majidun and the Bariga communities of Ago Egun and Ebute-Ilaje.
The Lagos State Attorney-General and Commissioner for Justice, the Commissioner for Physical Planning and Urban Development, the governor and the Commissioner of Police are the first, second, third and fourth respondents.
The court had stalled Judgment in the suit since April 12, 2017 after the judge suo moto (on its own motion) raised the issue of its jurisdiction.
While opposing the preliminary objection on Thursday, applicants’ counsel, Omotayo Enijiugha, said the matter ought to be for judgment, and that the respondents were trying to delay the suit.
Enijiugha submitted that the appellants’ claim was a fundamental rights one which vested the court with jurisdiction to hear the suit.
The lawyer said it was “not how the respondent sees the suit” that should determine the court’s view.
“We urge this court to assume jurisdiction. The court has the power to grant the reliefs sought and even more,” Enijiugha added.
Replying, the counsel to the first to third respondents, Adetokunboh Ladega, stated among others that the government’s position on the suit was based on security concerns.
Ladega said: “What Lagos State has been doing is to ensure that the security of the state is not breached.”
She accused the applicants of wanting to cause an “unnecessary delay by asking for an adjournment for judgment.”
