A litigant, Chief Mufutau Kehinde, has asked the Court of Appeal sitting in Ibadan, Oyo State, to suspend the ongoing construction of the Abeokuta/Kobape dualized road pending the determination of his appeal against the judgment of Justice Mobolaji Ojo, of the Ogun State High Court.
The Abeokuta/Kobape Dualized Road is a 42 km dual carriageway that connects the Sagamu Interchange to Abeokuta, Ogun State.
Kehinde, in his appeal marked CA/IB/286/2019 filed by his lawyer, Dr. Dada Awosika (SAN), listed the Attorney-General of Ogun State and Director-General, Bureau of Lands and Survey as respondents.
Nigerian Current reports that the respondents are yet to file their responses to the appeal, and no date has been fixed for the hearing of the appeal.
The appellant’s Motion on Notice is pursuant to sections 36, 6(6)(a) and (b) of the 1999 Constitution (as amended); Order 4 and Order 6 Rules of the Court of Appeal Rules 2021 and under court’s inherent jurisdiction.
Specifically, the appellant is praying for an order of injunction pending the determination of his appeal, restraining the respondents either by themselves or anyone acting under their authority from further constructing, meddling, interfering or tampering with all that piece or parcel of land, situate, lying and being along Abeokuta/Kobape dualized road within the 1.5km acquisition measuring approximately 85.3 hectares.
He informed the court via his Motion on Notice that the land “is more particularly shown on (1) Survey Pian No. ADC 97 (OG) drawn by Surveyor Ogunseye (2) Survey Plan No. ARC 98 (OG) drawn by Surveyor Ogunseye, (3) Provisional Survey Plan showing an area measuring 12.374 hectares, and (4) Survey Plan No. OG/1296/2003/103 drawn by Surveyor Adewale A. Oluwafemi.”
As for the grounds for the appeal, the appellant averred that the lower court’s judgment of May 15, 2019, resolved all three issues in favour of the defendants against his claims, while also dismissing all four legs of his claims.
But being dissatisfied with the judgment of Justice Ojo, he filed a Notice of Appeal dated 30th May 2019 in the exercise of his constitutional right of appeal and the appeal has been entered before the court, while he has also filed and served his appellant’s Brief of Argument on the Respondents.
He averred that despite their knowledge of his appeal, he has “in the last couple of weeks observed massive construction, rebuilding and regeneration taking place within the area of land which is also the subject matter of this appeal.
“Subsequent enquiries undertaken by the Appellant revealed that the third parties undertaking construction on the res of this Appeal were put on the land by the Respondents to this Appeal notwithstanding that this Appeal is yet to be heard and determined in line with due process.”
He argued that this alleged abnormality had raised substantial points of law that the appellate court was likely to resolve in his favour.
He added: “It is imperative in the interest of justice that further development, construction and/or regeneration of the res of this Appeal be halted so that fait accompli is not foisted on this Honourable Court.
“This Application is to ensure that the Appeal if successful, is not rendered nugatory or eroded by irreparable damage sought to be caused to the Appellant and the subject matter by the respondents.”
He backed his application with an affidavit in support of the appeal deposed to by one Folabomi Temitope, a Litigation Executive in the law firm of Messrs. D.A. Awosika SAN & Partners LLP.
