The Lagos State government has asked Justice David Osiagor of the Federal High Court in Lagos to recuse himself from conducting any further proceedings in a suit filed by Retired Admiral Festus Porbeni.
In the application filed by a state prosecutor, Adebayo Haroun on behalf of the first and third defendants, the state maintained that it is not confident of getting a fair hearing before the court owing to the refusal of Justice Osiagor to hear its pending application.
Porbeni had filed a suit to challenge the alleged demolition of his property located at B20, Wole Olateju Crescent, off Admiralty Way, Lekki Phase 1 in Eti-Osa local government area by the state government.
The retired military officer and his company Admiralty Fleet Limited (BICS Garden) had instituted the suit against the Attorney General, who is listed as the first defendant, National Inland Waterways Authority; the second defendant and the chairman, Lagos State Task Force who is the third defendant.
The plaintiffs urged the court to declare that the alleged forceful entry and invasion of their premises by the defendants amounted to trespass and a breach of the plaintiffs fundamental right to own immovable property anywhere in Nigeria guaranteed by Section 43 of the Constitution.
But in the application filed by the state government, Haroun argued that Justice Osiagor has refused to hear its application dated 15 October 2021 challenging the jurisdiction of the Federal High Court, Lagos division to hear and determine “a matter pertaining to land”.
He submitted that while the application challenging the jurisdiction of the court was still pending, the judge decided to hear and grant an application for an injunction in favour of the plaintiffs. (Leadership)