By Correspondent in Abuja.
Hearing in a suit seeking judicial review of the proceedings and recommendations of the Federal Capital Territory (FCT) Ministerial Committee on River Park Estate was on Monday stalled at an Abuja High Court.
Our correspondent reports that the delay was caused by the failure of counsel representing the Federal Capital Development Authority (FCDA) and the FCT Minister, Nyesom Wike, to file their court processes before Justice Mohammed Zubairu.
Following this development, Justice Zubairu adjourned the matter until November 5 for hearing.
When the case was called, Anthony Malik, SAN, appeared for the applicants, Paulo Homes Nigeria Ltd and Houses For Africa Nigeria Ltd. Emma Ukala, SAN, represented the 1st and 2nd respondents, the FCT Minister and the FCDA respectively,while Sunday Ameh, SAN, appeared for Kojo Mensah, who is seeking to be joined in the matter. Ojonimi Apeh represented Dr. Adeniran Ogunmuyiwa, the majority shareholder of Jonahcapital Nigeria Ltd.
In his submission, Malik recalled that on September 17, the court granted the applicants leave to seek judicial review of the proceedings, report, and recommendations of the ministerial committee set up by the FCT Minister.
He noted that the court had also ordered that the leave should serve as a stay of further actions on the River Park Estate issue.
Malik further stated that he filed a motion on notice on September 18 and that all related processes had been duly served on the respondents.
“Till this moment, neither of the respondents has entered a memorandum of appearance nor filed any responsive processes to our application,” Malik said.
He argued that by failing to file any process, the respondents had effectively conceded to the issues raised by the applicants.
Responding, Ukala explained that his chambers had only been instructed last week to represent the minister and the FCDA.
He said their court processes were ready, but could not be filed that morning due to a procedural issue at the court registry.
“Our filing could not go through because the registry informed us that the receipt book had been sent to Maitama for auditing. We have the complete set of our processes here in court, and even if we had filed today, we would still be within time,” Ukala said, urging the court to disregard the claim that the respondents had no defence.
On his part, Ameh apologised for arriving late and informed the court that he only became aware of the matter last Thursday.
He said the applicants’ counsel had been served with the joinder application and assured that the 1st and 2nd respondents would also be served.
Malik confirmed receiving advance copies of the respondents’ processes but expressed surprise, saying:
“I’m at a loss as to what to respond to. At the time I made the submission that they had no defence, I hadn’t been served the copies.”
He, however, reluctantly conceded to an adjournment, requesting that it be for a short period.
Justice Zubairu subsequently adjourned the matter until November 5 for the hearing of the motion.
Our correspondent reports that Gilies Anazia, Managing Director of Paulo Homes Nigeria Ltd, and Azike Vincent, Director of Houses For Africa Nigeria Ltd, were present in court.
It would be recalled that on September 17, Justice Zubairu granted an application for judicial review by way of certiorari, following a motion ex parte filed on September 11.
The applicants had sought an order to quash the proceedings, report, and recommendations of the ministerial committee and to compel the respondents to produce those documents in court.
Alternatively, they prayed for an interim injunction restraining the respondents from implementing the committee’s report pending the hearing of the substantive motion.
The dispute arose after the FCT Minister was accused of unlawfully demolishing structures within River Park Estate,an allegation Wike has publicly denied.
Edited by Dada Ahmed.
