The bid by two men, Abiodun Ariori and Tajudeen Akanbi, representatives of the family of late Chief Mojisola Cole to obtain an interim injunction from a Lagos State High sitting in Ikeja, to restrain NASCO Town Limited from exercising possessor rights over an expanse of land located at Abule Oshun, in Ojo Local Government Area of Lagos State, has failed, as the vacation, Justice Aishat Opesanwo, directed parties back to the substantive court hearing the matter.
The judge directed that the matter, which is originally before Justice M. Savage, be returned to the court to continue further proceedings in the case after the vacation.
Justice Opesanwo told counsel attending in her court that there’s not enough time for her to conduct all the cases as the end of vacation was imminent. The judge said: “Today is the last day this court will sit. And Monday is another public holiday. A new legal year resumes next week. I will ask all of you to go back to the substantive courts originally handling your cases.”
The judge decried the practice of lawyers invoking the jurisdiction of vacation judges. They did so in respect of matters that were devoid of any element of urgency. This was against the rules. The judge warned that cases that ought to come before vacation courts were ones that were urgent in nature.
“It’s like a doctor handling an emergency surgery. Many of the cases you filed here are not emergency cases. You file frivolous applications and get orders that conflict with that of the substantive court. When judges are blamed for conflicting orders, no one blames lawyers that file conflicting applications. I will not entertain any case today. Go back to your substantive courts and handle your cases there,” the judge said.
The defendants had approached the vacation judge for an interim injunction against the claimant (NASCO) despite the fact that there was a subsisting interlocutory injunction in favour of NASCO, by the substantive court which had restrained the defendants and their agents from interfering with the land.
The defendants vacation processes filed by Hussain Tijani, have Abiodun Ariori, Prosperous Ariori Golden Ventures Limited, Pertinence Limited, Terralords Nigeria Limited, Unknown Persons, Mrs. Oluwaremilekun Ariyo (nee Cole), Mr. Oluwasegun Cole, Oladapo Cole, Mr. Tanimowo Cole, and Dr. Islamia Efumbowale Cole (Head and Principal members of Chief Michael Cole family) as applicants.
In a 19-paragraph affidavit deposed to by Tajudeen Akanbi, the defendants claimed that the land belongs to them and that NASCO should be restrained from exercising possessor right over the land.
Meanwhile, on May 16, 2024, Justice Savage (the substantive court in charge of the matter) had granted an interlocutory injunction in favor of the claimants (NASCO), restraining the defendants from carrying out any act of ownership on the land.
The injunction was sequel to an application by Nasco Town Ltd as the major applicant. Other applicants were Incorporated Trustees of NASCO Landlords and Residents Association, Mr. Ekpunobi Charles, Mr. Samuel Metu, Mr. Idafum Theaddeus, Mr. Ernest Onubogu, Mr. Okoli Obiora, Mr. Johnpaul Umebulue, Mr. Victor Okoye, and Mr. Chukwudi Okorji.
The land in question forms part of a large parcel of land. The land was originally acquired by the Federal Government via the Federal Government Notice 1138. This notice was published in the Official Gazette No. 44 Vol. 64 of September 8, 1977. The land was leased to NASCO by the Federal Government. This was done by virtue of a Lease Agreement dated June 5, 1978. It was registered as No.92 on Page 92 of Volume 1739 of the Lands Register.