Alhaja Sarat Banire, the 90
year-old mother of National Legal Adviser of the All Progressive Congress, APC,
Muiz Banire, SAN, has filed a suit at the Federal High Court in Lagos seeking
an order restraining the State Government or its agents from demolishing her
house located at 24a, Remi Fani-Kayode Street, GRA, Ikeja.
Officials of the Ministry of Town
Planning and Urban Development had on Tuesday served a 48-hour demolition
notice on the building.
Alhaja Banire, through her
lawyer, Festus Keyamo, SAN, requested for stay of further action on her
property.
In a letter dated Thursday,
November 16, titled ‘Notice of pendency of court action in respect of plans to
demolish property of Alhaja Sarat Banire: Request for stay of further action’
and written to the Attorney-General and Commissioner for Justice, Adeniji
Kazeem, Keyamo advised the government to abide by the laws and not engage in
acts that court jeorpadise the rule of law.
The letter read, “We are lead
counsel to Alhaja Sarat Banire (‘our client’). Kindly find attached to this
letter court processes in respect of Suit No. FHC/L/CS1736/2017: Alhaja Sarat
Banire v. Attorney General of the Federation and Minister for Justice & 3
Ors.
“In summary, the above suit is a
challenge to the expressed intention of the Lagos State Government to demolish
property of our client at No.24A, Remi Fani-Kayode Street, GRA, Ikeja, Lagos
State.
“We, therefore, kindly draw your
attention to the pendency of the said action together with the motion on notice
for interlocutory injunction to restrain the Lagos State Government from
carrying out the planned demolition
“It is imperative to realise that
the pendency of the above-mentioned suit necessitates that all parties must
maintain the status quo and not to engage in any act that would foist a fait
accompli (state of hopelessness) on the court”.
While urging the commissioner to
advise the government against resorting to self-help on the matter, Keyamo
cited legal precedences where courts frowned at executive rascality and
impunity while cases were pending in courts.
Keyamo said, “This was emphasized
by the Court of Appeal in the case of Ezegbu v. F.A.T.B (1991) 1 NWLR(Pt. 220)
669 at 725 para C where Tobi, JCA(as he then was) relying on the earlier
decision of the Supreme Court in Governor of Lagos State v. Chief Ojukwu (1986)
1 NWLR (Pt. 18) 621 held as follows:
“That parties should not embark
upon self-help when a matter is before a Court of law. Since the successful act
of self-help will certainly render subsequent successful decision negatory,
parties must refrain from it at all times.
“Therefore, once a party is aware
of a pending court process and whether a court has given a specific injunctive
order or not, parties are bound to maintain the status quo pending the determination
of the court process.
“They should on no account resort
to sefl-help. Whenever such a situation arises, the court must invoke its
disciplinary jurisdiction to curb the excesses of a recacitrant party”.
Keyamo further quoted the Supreme
Court in the case of FATB v. Ezegbu (1992) 9 NWLR (Pt. 264) 132 at page 147
paragraph B, when the apex Court held:
“As shown in Ojukwu’s case supra,
the plaintiffs, having been put on notice of the defendant’s appeal and his
motion to set aside the order of the extra-ordinary general meeting ordered to
be held by the Federal High Court, they are duty bound to hold on until the
hearing and disposal of the motion. Instead, they went ahead and held the
meeting, taking far reaching decisions affecting the defendants…”
“In view of the above, we
respectfully urge you, sir, as a senior member of the Bar and on the strength
of the above-referred authorities, to prevail on the Lagos State Government,
which you represent as the Chief Law Officer, to desist from any further
interference with our client’s property at 24A, Remi Fani-Kayode Street, GRA,
Ikeja, Lagos State pending the hearing and determination of the motion of
interlocutory injunction in the above mentioned matter.
“The motion in question has
already been served on your office, and a copy also accompanies this letter.
This is the only way we can preserve the dignity, authority and sanctity of our
courts. To do otherwise would be an invitation to chaos in our society”.
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