Lawyer Petition’s NBA over Court’s Alleged Conspiracy in Illegal Possession of Client’s Property
A Lagos Lawyer, Chief Johnson Anumudu has appealed to the Nigerian Bar Association (NBA) to investigate the role played by another Lawyer, Mr. Norrison Quakers in the destruction of his client’s building in Victoria Island, Lagos.
Chief Anumudu titled the petition he sent to the Nigerian Bar Association (NBA) that was dated 8th January 2016, “How Mr. Norrison Quakers (SAN) and Hon Justice Oluyemi L.A.Y (Mrs) of Lagos State High Court Lagos conspired and used unlawful and illegal court orders to destroy no 9b Adeola Odeku Street Victoria Island Lagos a property in lawful possession of my client, Bright Motors Limited since 1994.”
Anumudu said in the petition “That by means of a writ of summons dated 30th August, 2012. I Chief Johnson Anumudu, as plaintiff filed a writ of summons – LD/1341/2012 on behalf of bright motors limited against one Muhammed Sanusi Dagash and another as defendants in the court of hon. Justice Oyekan Abdulahi of the High Court of Lagos State Holden at Lagos.
“That at all times material to suit, my clients Bright Motors Limited have been in lawful possession of the property known as and situate at no 9b, Adeolu Odeku street, Victoria Island, Lagos by virtue of a lease agreement executed between it and chief Francis Anegbode Ijewere dated the 15th day of December, 1994.
“That Bright Motors Limited in compliance with the terms of the said lease agreement has been meeting all its obligations including prompt payment of rents.
“That immediately after the execution of the lease agreement, bright motors limited spent the sum of over N50,000,000.00 (fifty million naira ) to remove our fifty trees on the premises and to cement the whole premises to be used for sales of vehicles and built several shops which were sublet to various tenants.
“That Bright Motors Limited has been selling vehicles on the premises since the year 1994 without any interference from any third party while paying its rents promptly. I established my law chambers in the same property.
“That I and Bright Motors Limited peaceful enjoyment and undisturbed possession of the property was disturbed when agents and/or servants of the senator Muhammed Sanusi Dagash entered into the premises sometime in December, 2010 and distributed copies of a letter dated 20th December and written by one Oluwakemi Balogun, Counsel for Senator Muhammed Sanusi Dagash alleging that the property would be demolished in September, 2013 and that Bright Motors Limited and all its subtenants would be forcefully ejected thereform.
“That in our bid to prevent the senator Muhammed Sanusi Dagash from forcefully ejecting Bright Motors Limited from the premises, I on behalf of bright motors limited filed suit no: LD/1341/2012 at the high court of Lagos state which suit was assigned to the court of Hon Justice Oyekan-Abdulahi for prompt adjudication. A copy of the writ of summons and other court processes served on the 1st respondent.
That I also filed a motion on notice dated 22nd August, 2012 praying the honourable court for an order of interlocutory injunction restraining the senator Muhammed Sanusi Dagash and their agents and/or servants from ejecting bright motors limited and their agents and/ or servants from ejecting bright motors limited and its tenants forcefully from the premises and Senator Muhammed Sanusi Dagash was duly served with the said motion on notice and the writ of summons through his counsel Mr. Norrisson Quakers (SAN).
“That Norrison Quakers (SAN) filed a counter-Affidavit in opposition to the said motion sworn to by one Smart Iwu, a legal practitioner on the 11th day of March, 2013 wherein they stated in paragraph 2(a) that; “the defendant/respondent states that; the 1st defendant/ respondent states that the said agreement of the 15th December, 1994 between the claimant and the 2nd defendant (Exhibit A) shows that the claimant (Bright Motors Limited) is only a tenant in the property with no proprietary interest in the property.”
The petition by Anumudu also said, “That bright motors limited never claimed a proprietary interest in the property but only that they are lawful tenants in lawful occupation of the premises at all material times till the date of the unlawful execution.
“That on the 11th day of march, 2013 at about 12.00 noon, I chief Johnson Anumudu as counsel for bright motors limited was about to move my motion for interlocutory at the instance of the honourable justice Oyekan –Abdulahi after satisfying herself that the respondent in that matter had been served, when one Mr Norrison Quakers (SAN) stood up and informed the court that he had written a letter dated 4th march, 2013 to the honourable chief judge of Lagos state for that suit to be transferred to the Honourable Justice L.A.Y. Oluyemi’s court to be consolidated with a “sister case” which they instituted against the estate of chief Francis Ijewere and others ,in suit No:M/1171/2012 “That on the strength of the above information given to the honourable court by Norrison Quakers (SAN), that suit was adjourned sine die pending the outcome of the letter to the Honourable Chief Judge.
“That subsequently that Suit No: LD/1341/2012 was transferred by the former Honourable Chief Judge of Lagos State to Honourable Justice L.A.Y. Oluyemi’s court to be consolidated with this suit no: M/1171/2012.
“That I called Norrison Quakers (SAN) severally to find out the outcome of the application to the honourable Chief judge but on each occasion he would assure me that the outcome would be communicated to me as soon as he got same and that he would file a motion for the consolidation of the two matters which would be served on us accordingly.