Demolition: Firm sues Oyo govt. for contempt of court

The Oyo State government has been dragged before the Oyo State High Court sitting in Ibadan presided over by Justice E. Esan for contempt of the court over the demolition of a property belonging to a businessman, Mr. Dapo Davies, the Chief Executive Officer of Pelly Foam Limited.

Recall that the CEO of Pelly Foam had in 2013 in a suit with number 1/173/13 dragged Oyo State Government to court over its plan to demolish the building containing 25 locked-up shops along Agodi-Gate area of Ibadan.

On March 3, 2017, the counsel to Pelly Foam, Mr. Babatunde Akintola filed an application to join the Ministry of Works as co-defendant as a result of letter written to Pelly Foam by the ministry on February 1, 2017.

The court presided over by Justice E. Esan on Tuesday, March 28, 2017 gave an order restraining the Oyo State Ministries of Justice, Environment and Habitat, Works and Transport from the demolishing the property and that status quo should be maintained pending the determination of the pending suit.

But recently, officials of the state Ministry of Works and Transport moved equipment to pull down the property in order to pave way for the dualisation and expansion of the Gate-Iwo Road, Ibadan.

Upon this, Davies through his counsel, Mr. Babatunde Akintola, filed contempt charge against the state Attorney General and Commissioner for Justice, Commissioner for Environment and Habitat and Commissioner for Works and Transport.

In the suit, his lawyer stated that despite the Motion on Notice brought to the court that contemnors are aware of the pendency of this suit and the application for interlocutory for injunction, they continue to use the Ministry of Works and Transport and Physical Development Control Department to disturb, encroach and trespass on the subject matter.
He further said that to the surprise of claimants, the Director of Works, Engineer Ali and other staff of the Ministry still went ahead to demolish the said property not minding the order of the court restraining any agent of government from doing so.

As a result of this demolition, the counsel to Pelly Foam maintained that this act amounted to the disobedience and contempt of the court on the order of Justice Esan which states that status quo should be maintained.

Thus, Pelly Foam through his counsel is asking court headed by Justice E. Esan to charge the defendants for contempt of court and they should be committed to prison because this single act of demolition is aimed to disrupt, interfere and delay the cause of justice on this suit pending before the court