The legal team of Asa Investments, owners of the property on which the late Olusola Saraki’s Ile Arugbo was erected before demolition, has described the decision of the Kwara State government to carry out a further demolition on the property the matter of which is still in court as reckless, illegal and glaring impunity.
In a statement made available to newsmen in Ilorin on Wednesday, the lead counsel to Asa Investments Ltd, Akin Onigbinde (SAN), noted that he was surprised that less than 24 hours after the court fixed March 17, 2021 for hearing of the counter claims filed by the Kwara State government, the Government ordered bull-dozers to go on to the property about 2.25am and 4.20am on February 3, 2021, to further demolish structure and materials on it.
Onigbinde added: “Counsel to Government of Kwara State, on record of Court at previous sittings of Court had given undertaken, not to destroy the property until the dispute is 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, being 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, and Kwara State Government overreached judicial process to further destroy the property during the pendency of hearing.”
He 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.
He 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 property.
“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,” he stated.
