Court adjourns Ile Arugbo suit to Jan. 24 for hearing

A Kwara state High Court sitting in Ilorin, the state capital yesterday fixed January 24, for the commencement of hearing in the case between the state government and Asa Investment Limited over the disputed land on which the demolished Ile Arugbo was built.

Agents of the state government had in a dawn operation on January 2, demolished some structures on the plot of land at Ilofa Road, GRA Ilorin, belonging to the late Second Republic Senate Leader, Dr. Olusola Saraki, alleging illegal acquisition of the said plot.

Dissatisfied with the government’s action, Asa Investment Limited filed a motion ex-parte through its counsel, AbdulAzeez Ibrahim for stay of execution on the further demolition of the property.

The court accordingly restrained the defendants and anyone acting on
their behalf from further demolishing or further destroying the alleged property of the claimant.

Governor AbdulRahman AbdulRazaq, the state House of Assembly, state attorney -general and justice commissioner, director -general, Kwara state Bureau of Lands and the inspector-general of police are the defendants in the suit.

Earlier, counsel to Asa Investment Limited, Ibrahim had told the court that the case was for hearing on the motion on notice for interlocutory injunction.

He added that he had filed a motion ex-parte for service on the defendants/respondents through substituted means, adding however, that he has been unable to serve the fifth respondent, while the first to the fourth respondents have been served.

Ibrahim said that the motion on notice was dated and filed on January13- 14, stating further that “the application for the motion ex-parte is supported by a seven -paragraph affidavit deposed to by one Ayo Ibrahim.

“We rely on all the averments therein. We also filed a written address in support of the affidavit. I pray the court to grant the order so that we can make progress.”

He thereafter, made an oral for all the parties to maintain the status-quo in the interest of peace and justice as well as an extension of tenure of the interlocutory injunction.

Responding, the state Attorney General and Commissioner for Justice, Salman Jawondo said with respect to the motion on substituted service “we can only be seen, but not heard.”

He opposed the application on extending the interlocutory injunction, arguing that the application is an invitation to chaos as the case has attracted public attention.

Ruling on the ex-parte motion filed by the claimant for substituted service on the fifth respondent, the presiding judge, Justice A. A. Adebara granted the application.

Read Also: Teacher in court for allegedly destroying perimeter fence, foundation

“In this application, attempts at personal service to the fifth respondent met the rock. I am satisfied that the service be made by pasting court processes on the notice board in the premises of the Kwara state Police Command, Ilorin, Kwara state,” he said.

Declining to make express statement on the application for tenure elongation of the interlocutory injunction, Justice Adebara urged all the parties in the case to maintain their calm and seek for peaceful resolution of the issue.

He said: “The first paramount thing for this court is to encourage all parties to settle the case amicably out of court; nothing is impossible. Settlement out of court is never too late to explore. I want the two sides to believe that by the special grace of God, peace will prevail. I am appealing to the two sides that there should be a mutual understanding.”