A Federal High Court in Lagos has turned down an application by Osborne Foreshore Resident Association (OSFRA) seeking to hold 1st and 2nd defendants, Lekki Gardens Estate Ltd and Foreshore Waters Ltd for contempt.
Justice Nicholas Oweibo held that the case upon which the court was expected to act had no time limit and as such the application could be heard at any material time.
The judge noted that the substance of the argument put forward by the petitioner lacked merit as there was no cogent or valid reason why the application should be heard when the court was on vacation.
He held further that the case should be transferred to another judge and be heard after vacation for the purpose of fair hearing, stating that all the parties involved should maintain status quo pending the determination of the case whose ruling has been reserved till August 10.
This court’s decision followed an earlier ruling delivered on the committal application filed by the plaintiff, through their counsel, Kemi Pinheiro (SAN), against the first and second defendants for allegedly disobeying a court order.
The Federal High Court had earlier made an order restraining the defendants from constructing developing, building or carrying out any further construction, development or building activities in Osborne Foreshore Estate II, Ikoyi, Lagos.
The order restrained the defendants from acting on any approvals granted by the 4th defendant (Lagos State Physical Planning Permit Authority) pending the hearing of the motion on notice for interlocutory injunction
In his argument, defence counsel Mr Tola Oshobi (SAN) said the interim order of the petitioner could be said to be null, void and invalid and an abuse of court process since both courts were of coordinate jurisdiction.
According to Oshobi, there was a subsisting court order on the same matter obtained from Lagos State High Court.
He urged the parties to maintain status quo ante as there is nowhere stated in the law where a court decision, obtained later, with similar jurisdiction can override the other.
Arguing his position, plaintiff’s counsel, Adebowale Kamoru asked the court to disregard the argument of the defendant on the ground that the first defendant, National Environmental Standards and Regulations Enforcement Agency’s, NESREA, falls within the purview of the jurisdiction of the court.
