By Correspondent in Ilorin
The legal team of Asa Investments, the owners of the property on which late Dr. Olusola Saraki’s Ile Arugbo was erected have described the decision of the Kwara State government to carry out a fresh demolition on the property whose matter is still in court as reckless, illegal and glaring impunity.
In a statement made available to newsmen in Ilorin, the lead counsel to Asa Investments Ltd, Dr. Akin Onigbinde(SAN), expressed surprise that less than 24 hours after the court fixed March 17, 2021 for hearing of the counter claims filed by the Kwara State government, the government ordered bulldozers to go on to the property about 2.25a.m and 4.20a.m on February 3, 2021, to further demolish structure and materials on it.
Onigbinde said: “Counsel to Government of Kwara State, on record of Court at previous sittings of Court, had given undertaken not to destroy the property until the dispute is determined.
“It is surprising that on a single day, the Court granted an application to Asa to substitute the name of Alhaji Sanusi Baba-Eleku, a co-claimant with Asa Investment Ltd who died, recently, with another being Alhaji Abubakar Oluwatoyin, and before allowing the new party to file his witness statement on oath as required by law, the Court struck out the case of Asa Investment Ltd without allowing the new party the opportunity to even put forward his case to Court for adjudication.
“Kwara State Government overreached judicial process to further destroy the property during the pendency of hearing.”
He stated that it was wrong for a party to a suit to take action which seeks to tie the hands of the court or overreach any decision of Court, or render nugatory subsequent decision of court.
The legal practitioner also noted that the state government, by its action, had violated the undertakings it made in an open court in previous sittings, not to interfere with the property.
“This action taken in the dead of the night will be challenged appropriately. We will not allow a government which should symbolise democracy and rule of law to be the one acting with impunity or seeking to subvert the course of justice,” he stated.
