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Prince Segun Adesegun has instituted a lawsuit against the Nigeria Deposit Insurance Corporation (NDIC) over alleged trespassing on his property.
In the suit marked: ID/11594LMW/2022 before a Lagos State High Court, the former Deputy Governor of Ogun State is seeking the sum of N180 million as damages.
He alleged that NDIC trespassed and seized his property located at Tunde Oshilaja Street, Opebi, Ikeja in Lagos state.
What happened in court
On March 15, the claimant through his lawyer in a writ of summons sought a court order restraining the second defendant from carrying out any action on the site pending the hearing and determination of the case.
- The suit was initially slated for May 25, however, Mr Adesegun filed an affidavit of urgency in support of his motion for the abridgement of time and accelerated hearing.
- When the matter was called up today, his counsel informed the court that the application was brought pursuant to Order 3 Rule 2; Order 43 Rule 1 of the High Court (Civil Procedure) Rules, 2019.
- He said, “My Lord, it is important that the court grant these prayers because the second defendant has begun bringing different prospective buyers to purchase the land.
- “I humbly urge the court to grant the abridgement of time as well as the interim order restraining the second defendant from doing anything further on the said property.
- He prayed the court to abridge time to avoid the defendant allegedly creating third party interest over the land by developing and selling it.
- “My Lord, once the second defendant succeeds with this move, it will pave way for unending litigation while the claimant would not be allowed to enjoy his property and that eventually, the essence of instituting the suit might be defeated,”
- He alleged that the second defendant (Babatunde Oderinde) conspired with the Lagos State Task Force to invade the land and destroy properties worth millions on January 23 around 5:30 a.m
- He also alleged that the said task force left the premises with different brands of vehicles under repairs.
- Listing the vehicles that were taken away, he said “Some of the cars that were carted away include JAC Pick Up, Ogun State Government Patrol vehicle, two Honda Odyssey 2005 and 2008 models, two Mercedes Benz S-Class, Mercedes Benz GL450, 2007 model; Honda Accord 98 model, and Acura Legend among others.
- “It is surprising that the men of the Lagos Task Force could still unlawfully invade this landed property which the claimant bought and paid for from the defunct African International Bank in 2003.
- “The claimant had remained unchallenged over the landed property after the acquisition in 2003 until 2018, 15 years later, when the second defendant dragged him before the Lagos State Land Task Force against Grabbers, accusing him of trespassing and taking over his property.
- “The Task Force exonerated the claimant after diligent investigation, following which the second defendant equally took him before the Economic and Financial Crime Commission (EFCC) over same allegation and was also given a clean bill of health,” The former deputy governor’s lawyer said.
Mr Babatunde Oderinde and the Registrar of Titles, Lands Bureau, Lagos State are also joined as co-defendants in the suit.
What the judge is saying
After listening to submissions by the claimant’s counsel, Justice Morenike Obadina said, “I have carefully read the affidavit in support and the written address. I am persuaded that there is justification for court intervention to preserve the rest for which the hearing of the motion on notice has been served and counter affidavit filed.
“Ordinarily, once a motion on notice of injunction is sent, parties are expected to stay all action regarding the subject matter of the suit pending the hearing of interlocutory injunction.
“Second defendant has filed a counter-affidavit to the motion on notice. I hereby fix the hearing of the application for Monday.
“Hearing notice should be issued to the defendants and the claimant should also respond to the counter-affidavits filed by the defendants,” Justice Obadina held.
The matter was adjourned to May 16 for a hearing of the application.