The legal team of Asa Investments, owners of the property on which late Dr. Olusola Saraki’s Ile Arugbo was established have described the decision of the Kwara State Government to carry out a fresh demolition on the property whose matter is still in court as reckless, illegal and glaring impunity.
In a statement signed by the lead counsel to Asa Investment, Dr. Akin Onigbinde, SAN, he noted that he was surprised that less than 24 hours after the court fixed March 27, 2021 for hearing of the counter-claim filed by the Kwara State Government, the government ordered bull-dozers to go to the property about 2.25am and 4.20am on February 3, 2021, to further demolish structure and materials on it.
“Counsel for government of Kwara State, on record at previous sittings of court, had given undertaking not to destroy the property until the dispute was determined.
“It was also surprising that on a single day, the court granted an application to Asa to substitute the name of Alhaji Sanusi Baba-Eleku, a co-claimant with Asa Investment Ltd, who died recently with another, Alhaji Abubakar Oluwatoyin, and before allowing the new party to file his witness statement on oath as required by law, the court struck out the case of Asa Investment Ltd without allowing the new party the opportunity to even put forward his case to Court for adjudication.
“Kwara State Government overreached judicial process to further destroy the property during the pendency of hearing.”
The lawyers stated that it was wrong for a party to a suit to take action which seeks to tie the hands of the court or overreach any decision of court, or render nugatory subsequent decision of Court.
The lawyers also noted that the state government by its action has violated the undertakings it made in open court in previous sittings not to interfere with the res.
“This action taken in the dead of the night will be challenged appropriately.
“We will not allow a government which should symbolise democracy and rule of law to be the one acting with impunity or seeking to subvert the course of justice”, the lawyers stated.
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